'Offence Dangerous For Communal Harmony’: MP HC Denies Bail To Man Who Allegedly Raped Victim By Impersonating Himself As A Hindu

The bench of Justice Anil Verma also said that such offences are increasing day by day and are dangerous for communal harmony in society.

"Such type of offences are increasing day by day and also dangerous for communal harmony in the society": #MadhyaPradeshHighCourt says while denying bail to a Muslim man accused of raping an SC Girl by impersonating himself as a Hindu. pic.twitter.com/ltKfNj9FCH

— Live Law (@LiveLawIndia) January 31, 2023

The case in brief

As per the Prosecution’s case, the prosecutrix knew the accused one year prior to the incident, however, she did not know about his actual religion. In fact, the accused impersonated himself as a Hindu and befriended her.

Now, on August 27, 2022, the accused made a proposal to her that they should go and live in Delhi and thus, on the pretext of marriage, the prosecutrix went to Delhi with him wherein he allegedly committed rape upon her.

Thereafter, the accused brought the prosecutrix to Dargah and that is when she came to know that the real name of the applicant is Mohammad Hasim and he belongs to the Muslim religion. The accused also pressurized the prosecutrix for her conversion to the Muslim religion.

From there, she returned to Indore and lodged an FIR against the accused for commission of offence punishable under section 376, 376(2)(k) of IPC and Section 3(20(5) of SC/ST Act.

He was arrested on September 2, 2022, and he has been in custody since then. Now, seeking bail in the case, the accused moved to the High Court with an instant plea arguing that he has been falsely implicated in this offence and that the trial of the case will take a sufficiently long time.

Court's order

After considering all the facts and circumstances of the case, the nature and gravity of offence, the Court noted that the victim, in her statement under section 164 of CrPC, categorically stated that the applicant has established a physical relationship with her by impersonating himself as a Hindu on the pretext of marriage and pressurized her for converting herself to Muslim Religion.

Further, the Court also noted that the accused did not raise any plea in the bail petition that the prosecutrix was a consenting party and established a physical relationship of her own accord.

Thus, stressing that such types of offences are increasing day by day and are also dangerous for communal harmony in society, the Court, finding prima facie evidence against the accused, refused to grant him bail.

Case title – HASHIM vs. The State of Madhya Pradesh

Case Citation:  2023 LiveLaw (MP) 13

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