UP Court Sentences Man To Five Years In Jail In First Conviction Under UP 'Anti Love Jihad' Law

An Uttar Pradesh Court last week sentenced a 26-year-old Carpenter named Afzal to 5 years in prison under The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021' (Anti-Love Jihad Act). 

Kapila Raghav, the Additional District Judge (Pocso Court), Amroha observed that the prosecution had proved its case that the accused (Afzal) concealed his real identity regarding his name and religion, lured the minor victim, took her away from her father's legal guardianship to Delhi for the purpose of marrying her after converting her religion against her will.

The Court further noted that it was proved that the minor was molested and induced to convert her religion by way of subjecting her to sexual assault and was also threatened with death in case she protested.

The case in brief

Accused Afzal was working as a driver and he introduced himself as a Hindu (Armaan Kohli) to the victim girl, whose father owned a nursery in the Hasanpur area in the Amroha district. The accused used to visit the nursery to buy plants and met the girl there. He befriended her and eloped with her last year. Thereafter, the father of the girl lodged an FIR against the accused alleging that his daughter was kidnapped by the accused. During the investigation into the matter, the Police arrested the accused from Delhi in April last year.

The police booked him under Sections 363, 366, 354, 506 of IPC, 7/8 of POCSO Act, and 3/5(1) of The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021' (Anti-Love Jihad Act). Initially, the police had filed a case of kidnapping only, however, the anti-conversion law charges were invoked later on, after the informant (victim's father) made a complaint in this regard.

Before the Court, the prosecution alleged that the accused lured and induced the victim to marry him with the intention of converting her religion, kidnapped and molested her with the intention of having unlawful sexual intercourse, and sexually assaulted her as well, and since the victim had been deceived by the accused and taken to Delhi to marry her after converting her religion, therefore, it was a case of love jihad. The victim minor girl supported the case of the prosecution in her statement recorded under 164 CrPC.

Court's observations

Taking into account the facts of the case, the Court, at the outset, observed that conversion is not prohibited anywhere in the law and that every person has a right to follow and adopt any religion, however, the Court added that the conversion of religion from one religion to another unlawfully by means of misrepresentation, force, undue influence, coercion, inducement or by any fraudulent means or marriage is prohibited and punishable under the UP Anti-Love Jihad Act.

The Court took into account the statement of the victim and further observed that the victim implicated the accused in her main examination and cross-examination by alleging that the accused concealed his religion with the intention of having unlawful sex/marriage with her. He described himself as a devotee of Lord Shiva, and claimed that he believes in the Hindu Religion and later on, forced her to change her religion, kidnapped her, and sexually assaulted her.

The Court observed that there was no reason to disbelieve the testimony of the victim as her testimony is natural and inspires confidence and thus, was reliable enough to convict on her sole testimony.

"The act of sexual assault, molestation has been committed by the accused with the victim, it is a heinous act, which sends a wrong message to the common man and such criminals make it difficult for women and girls to come out on the street," the Court observed as it convicted the accused under Section 363, 366, 506 IPC, 7/8 POCSO Act and 3/5(1) of The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.

Click Here To Read/Download Order