2024-06-19 06:25:21
Sanjay Kumar, Prayagraj: The Allahabad Excessive Courtroom of Uttar Pradesh has given a giant choice concerning the non secular conversion legislation. The Allahabad Excessive Courtroom mentioned that the anti-religious conversion legislation is within the preliminary stage. It has been made to cease the evil apply prevalent within the society. If the court docket interferes within the prosecution motion, then this legislation won’t be able to attain its goal. With this, the court docket refused to provide aid to the lady accused of pressuring to vary faith. This order has been given by the division bench of Justice JJ Munir and Justice Arun Kumar Singh Deswal whereas rejecting the petition of Ruksar. The sufferer lodged an FIR beneath the anti-religious conversion legislation within the Kotwali Nagar police station of Chitrakoot. It was alleged that when she was at school 10, Abdul Rehman used to comply with her all over the place. Someday he took her to his home and raped her. After that he saved raping her a number of occasions. Later Rehman obtained married and after that his youthful brother Irfan additionally raped her. The petitioner pressured her to transform to Islam and marry her husband’s brother Irfan. The sufferer was not prepared for this.
On 30 March 2024, she was gang-raped. She was made to put on a burqa and was made to take a seat in a practice for Karvi. There, Rehman raped her once more and threatened to kill the whole household if she revealed the key. The advocate mentioned that the petitioner is a lady and the co-accused are accused of rape. Subsequently, she ought to be given aid however the court docket refused to provide any aid saying that the petitioner is accused of forcing her to transform to Islam and marry her husband’s brother. The court docket mentioned that interference can’t be finished in such a case.
Excessive Courtroom quashes case proceedings beneath part 174A
Allahabad Excessive Courtroom has quashed the whole case proceedings beneath Part 174A earlier than Extra Civil Decide Hapur towards Mohit Tomar, resident of Pilkhuwa police station, Hapur. The court docket has additionally quashed the chargesheet filed towards the petitioner on 8 January 2019 and the cognizance and summons order on 18 Might 2019. Justice Siddharth has given this order whereas accepting the petition filed by Mohit Tomar beneath Part 482. The petitioner mentioned that the Excessive Courtroom has already quashed Sections 376 and 506 of the Indian Penal Code beneath the unique felony case. The chargesheet filed on this was not filed in response to the legislation.
It was mentioned within the petition that when the unique case has been closed, then submitting a second case for disobeying the court docket order in that case is prohibited beneath Part 195 of the Felony Process Code and citing the Supreme Courtroom’s Sumit case, argued for cancelling the present case proceedings. It was mentioned that there is no such thing as a justification for persevering with the case proceedings. Accepting this, the court docket cancelled the felony case proceedings towards the petitioner beneath Part 174 A.