Allahabad HC Rejects Plea by Muslim Man Claiming Conversion to Sanatan Dharma to Quash FIR in Gang Rape Case

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Synopsis

Court noted that Hussain had applied for an Aadhaar card under his Muslim name three years after his supposed conversion

The Allahabad High Court recently dismissed a writ petition filed by one Arif Hussain, alias Sonu Singh, who sought to quash a First Information Report (FIR) accusing him of concealing his religious identity, rape, and forced marriage.

Court expressed doubts about the genuineness of documents related to the alleged conversion and marriage.

Allegations against Hussain, who had earlier identified as a Muslim, were that he enticed the victim by misrepresenting his religion and name. The victim claimed that after gaining her trust, he raped her and coerced her into marriage. Hussain, however, presented a conversion certificate from 2009, indicating he had converted from Islam to Sanatan Dharma, as well as a marriage certificate from Arya Samaj Mandir issued on the same day. Both documents bore the same serial number, raising questions about their authenticity.

The bench of Justices Vivek Chaudhary and Narendra Kumar Johari highlighted several inconsistencies in Hussain's arguments, particularly noting that he applied for an Aadhaar card under his Muslim name three years after his supposed conversion. His inability to provide a satisfactory explanation for this discrepancy further weakened his case.

Court also raised concerns about the validity of the conversion, suggesting it may have been performed solely for the purpose of marriage, which could render it legally invalid.

Counsel for Hussain and other accused in the gang rape case argued that he had been falsely implicated and that the FIR was lodged with the intent to harass him. However, the high court rejected these claims, stating that the entire investigation was still ongoing and that it would be inappropriate to interfere at this stage.

Court gave liberty to the police to further investigate whether Hussain committed an offence by applying for his Aadhaar card under a false name after his alleged conversion.

Consequently, court dismissed the writ petition.

Case Title: Arif Hussain @ Sonu Singh And Others Vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others