The Allahabad High Court granted bail to Javed Alam, accused of kidnapping and raping a Hindu girl, based on her testimony that she was over 17 and married him willingly. This ruling highlights the complexities of interfaith relationships and societal dynamics, especially regarding allegations of religious conversion, while emphasizing individual agency in legal proceedings.
Allahabad: In a case that has sparked significant legal and social interest, the Allahabad High Court granted bail to Javed Alam, accused of kidnapping and raping a Hindu girl, on the grounds that the girl had willingly married him and was above 17 years old when the FIR was lodged. Justice Sameer Jain delivered the decision after a detailed review of the evidence, including the girl’s statements, which contradicted the allegations made in the FIR.
The High Court’s ruling was based on the girl’s testimony, where she stated that she was over 17 at the time of the complaint and had willingly gone with Alam and married him. In her statement, she clarified that she had no objections to Alam’s release. Justice Jain noted these circumstances while granting bail.
“She went with him and married him willingly,”
the girl told the court, emphasizing that her actions were consensual. This played a pivotal role in the court’s decision to allow bail, especially since the complainant was not the girl herself but a third party.
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The girl’s counsel reinforced her statements, adding that she did not object to the bail application.
The case began when a Bajrang Dal member lodged a police complaint against Alam, alleging that he had kidnapped a Class 10 student and forced her to change her religion. The incident came to light after the two were seen arguing during a train journey, prompting the Bajrang Dal member to intervene and file a complaint.
The FIR against Alam included serious allegations under several sections of the Indian Penal Code (IPC), such as:
- Section 363: Kidnapping
- Section 366: Kidnapping to compel marriage
- Section 506: Criminal intimidation
- Section 323: Voluntarily causing hurt
- Section 376: Rape
Additionally, Alam was charged under the Protection of Children from Sexual Offences (POCSO) Act and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The charges also included allegations of forcing the girl to change her religion.
A crucial factor in this case was the girl’s age. Although she was a minor at the time of the alleged incident, her statement to the court indicated that she had crossed 17 years when the FIR was lodged. This, coupled with her testimony of willingly going with Alam and marrying him, weakened the prosecution’s case.
The case has drawn attention not only for its legal complexities but also for the societal undertones it carries. Allegations of religious conversion and interfaith relationships often evoke strong reactions in India, and this case is no exception.
Critics argue that the involvement of a Bajrang Dal member, who was not directly connected to the girl, adds a layer of social and political dynamics to the case. The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, under which Alam was booked, is often applied in cases of alleged “love jihad,” further amplifying its societal impact.
The Allahabad High Court’s decision to grant bail to Javed Alam reflects a nuanced understanding of the evidence and the girl’s testimony. By focusing on her statement that she married willingly and had no objections to his release, the court took a step that underscores the importance of individual agency in such cases.
While the charges remain serious, this ruling serves as a reminder of the complexities involved in interfaith relationships and the broader societal discourse they ignite. The next steps in the case will likely continue to shed light on these dynamics, balancing legal processes with the social sentiments surrounding the matter.
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