Allahabad HC Questions Gang-Rape Accused On Aadhaar Application As Muslim After Converting To 'Sanatan', Denies Relief

Though it was the case of the accused that he adopted 'Sanatan Dharma' 15 years ago while marrying the victim in an Arya Samaj temple in 2009, a division bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari noted that after he purportedly converted his religion from Islam to Sanatan in 2009, he applied for Aadhar in the year 2012, showing himself to be a follower of Islam in the name of Arif Hussain.

“It is apparent that the petitioner no.1 has not conducted himself bonafidely either in his relationship or even after the said marriage,” the Court noted that as it refused to quash an FIR lodged against him lodged under various sections of SC/ST Act and BNS including Sections 70 (1) [Gang rape], 318(4) [Cheating] and 115(2) [Voluntary causing hurt].

Essentially, it was the case of the informant-wife that the accused, by identifying himself with the wrong name, initially enticed her away and raped her and, after that, forced her to marry him.

In the FIR, she also alleged that he forced her into establishing a physical relationship against her will with his two brothers (co-accused).

Challenging the FIR, Petitioner No.1 (husband-accused) moved the HC, wherein his counsel claimed that he had converted his religion from Islam to Sanatan. Conversion and marriage certificates issued by Arya Samaj Mandir, Lucknow were also filed to support this claim.

However, the Court found both certificates to be 'dubious' as it noted that both contained the same serial number and the age of the parties was not mentioned in the marriage certificate, and the wording in the conversion certificate was also improper.

The Court also noted that despite his claim that he had converted his religion from Islam to Sanatan in 2009, the petition contained a copy of an Aadhar Card issued in 2012, which was in the name of Arif Hussain.

To this, when the division bench inquired of the counsel as to why the petitioner No. 1, who had already converted from Islam to Sanatan in 2009, applied for Aadhaar in 2012 as Arif Hussain, identifying himself as a follower of Islam, no explanation could be given.

In view of this and considering the peculiar facts and circumstances of the case, the Court refused to interfere with the FIR at this stage when the entire investigation was pending. Hence, the writ petition was dismissed.

However, the Court granted liberty to the Police to look into the fact as to whether petitioner no.1 had also committed the crime of getting his Aadhar Card prepared in the year 2012 in the name of Arif Hussain based on false/incomplete information when he had already converted his religion from Islam to Sanatan in the year 2009.

Advocates Vishwanath Tiwari and Kaushal Tiwari appeared for the petitioner/accused