Last Updated on March 5, 2023 by Administrator
The division bench comprising Justices Vibha Kankanwadi and Abhay Waghwase of the Bombay High Court believed just because a girl and a boy belonging to different religions are in a relationship, the case can’t be given a religious colour every time. They made this remake while they were granting bail to a Muslim woman, her sister, and her family members on the grounds of forcibly converting a Hindu man to Islam.
The court observed that they realized that the love-jihad angle was being given to the whole issue. The court made the observations while hearing the appeal made by the woman, who had been denied anticipatory bail by the special court in Aurangabad.
The bench made a note, even though the man claims that the woman tried to forcibly convert him, in the first information report, he himself had admitted that they had a love affair. As per the prosecution, both were in a relationship since 2018, he had not informed her that he belonged to the scheduled caste community.
The court said that the man has claimed that the woman and her family forcibly converted him, filed a false case of rape against him, and made constant financial demands, but the man did not cut off his relationship with the woman. Even the F.I.R. was filed in 2022. The inordinate delay in registering the F.I.R. has an effect on the story, and thus the allegation made by the man loses its importance.
The court said that it seemed like the man had started alleging the conversion when the relationship between the two of them turned sour. It was also said by the court that while their matter was in the lower court, even a settlement deed was signed by the two of them, but it was the man’s advocate who had disputed the same fact. The same deed was duly notarized. The court even took this fact into consideration.
Also, initially, the woman and her family were charged under the SC ST prevention of atrocities act. The Bombay high court said that there is no ground for the woman and her family to be charged under the same. The man had also alleged that he had to undergo a forceful circumcision. To which the court had responded that there is no sufficient evidence as well as an expert opinion as to whether the same even took place, or if it took place, then how did it happen, whether it was done by the medical professional or in a traditional way as provided under Islam.
After making these observations the court concluded that the probe in the case is complete, and the police will be filing the chargesheet very soon. The court granted bail to the woman and her family members.
Case Name:- Shaikh Sana Farheen Shahmir v. State of Maharashtra
Written By – Shianjany Pradhan