Karnataka High Court: While considering the instant criminal appeal challenging the rejection bail by the Trial Court in a case concerning sexual assault and forced religious conversion, the Bench of S. Rachaiah, J.*, rejected the appeal stating that in the instant case, the act of inducing innocent and poor women and forcibly converting to Islam is serious development. Therefore, in order to avoid such bad development, it is necessary to give message to society that Courts are vigilant to regulate such activities and guarding the innocent and underprivileged women and children of the society.
The victim was a married woman, staying in a joint family. Her mother—in—law ran a retail shop in the village. Whenever the mother—in-law went home to have lunch, the victim used to sit in her stead to manage the shop. In such circumstances, the appellant developed friendship with the victim and took her mobile phone number and used to talk with her often.
Furthermore, the appellant induced the victim that he would get her a suitable job and insisted her to accompany him. The victim believed him and came close to him, and they eloped. The victim was sexually assaulted by the appellant. Thereafter, the appellant took the victim to Belagavi and where he confined her and forced her to convert for marriage. It was further stated that during her confinement, the victim was also raped on multiple occasions.
Somehow, the victim managed to escape from her confinement and called her husband and narrated the incident. Thereafter, she lodged a complaint before the jurisdictional police. The Jurisdictional Police, after registering the case, conducted the investigation and submitted the charge sheet.
Counsels for the appellant contended that he had been falsely implicated and that he was himself taken into confinement along with the victim in Belagavi.
Per contra, the respondents argued that the victim has narrated the entire cruelty of which she was meted out from the appellant in her complaint. Though, the appellant knew that she was married woman and having two children, she was forced to elope and was asked to convert into Islam. The act of committing rape and forcing her to convert is intolerable and indecent. Therefore, it is not appropriate to grant bail.
Considering the facts and contentions raised the parties, the Court perused the record and observed that the victim was induced on the pretext of a suitable job and was raped. Thereafter, she was blackmailed and taken to Belagavi, where she was confined and forced to convert to Islam.
The Court further took note of the victim’s eagerness to join her family by leaving the company of the appellant, which indicated how much she had been subjected to harassment.
Therefore, having considered her mental status and condition, the Court deemed it appropriate not to grant bail to the appellant.
The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc. Taking serious note of sexual assault and forced conversion in the instant case, the Court therefore, rejected the appeal.
[Rafiq v. State of Karnataka, 2024 SCC OnLine Kar 71, decided on 3-7-2024]
*Judgment by Justice S. Rachaiah
Advocates who appeared in this case :
For appellant: Advocate Mahantesh S. Hiremath
For respondent: Praveena Y. Devareddiyavara, High Court Government Pleader for respondent No.1 — State and S.R. Hegde, counsel for respondent No.2.
