Couple acquitted after Ghaziabad court throws out conversion charge

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, provides for the “prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage”.

Aleem Alvi, the lawyer for the acquitted persons, said the case against the accused originated from an FIR registered at Modinagar police station in Ghaziabad under the anti-conversion law on July 23, 2023.

The police initially booked a man called Rohit and his mother Kusum, both residents of Modinagar, on the complaint of one Ashish (24), who was a BA student at the time.

In his complaint, Ashish had alleged that the accused had offered money and made promises of employment to persuade local residents to convert to Christianity. Ashish also complained to some Hindu groups that Rohit and Kusum were running a conversion racket from their home.

Once an investigation into the allegations was opened, however, the man and his mother were made government witnesses, and the police arrested Mahendra Kumar and Seema instead, Alvi, the lawyer, said.

Police claimed to have recovered mobile phones, religious literature, and a diary from the residence of the couple in Hapur district, which allegedly implicated them in the crime, Alvi said.

The lawyer said that the prosecution presented five witnesses before the court, including the complainant Ashish. “However, during the trial, all key witnesses retracted their earlier statements,” Alvi said.

Ashish told the court that police had forced him to write the complaint. “During cross-examination, the complainant said that he did not know Mahendra and his wife Seema. He had never spoken to them about religious conversion. He did not know what religion they belonged to and if they had converted,” says the order.

“…He did not know as to who had visited Rohit’s home and that the police had forced him to write the complaint in this case,” the court said.

Rohit, Kusum, and another witness named Suman, too, denied knowledge of any religious conversion activities, or receiving any form of inducement.

In his 12-page order, Judge Tiwari observed that the testimonies of the prosecution witnesses did not support the allegations, which rendered the case unsustainable. He stated that no credible evidence was produced to show that the accused had offered money or any benefit to influence anyone’s faith.

“Since the prosecution witnesses have not supported the prosecution version, and the complainant himself has stated that the FIR was lodged under police pressure, the prosecution story becomes unreliable,” reads the court’s order.

Granting the accused the benefit of doubt, the court acquitted Mahendra and Seema of all charges under Section 3/5(1) of the anti-conversion law, which carries a jail term of not less than three years and up to 10 years, and a fine.

TWIST IN TALE

COMPLAINT: Complainant Ashish alleges unlawful religious conversion; FIR registered at Modinagar police station. Police book one Rohit and his mother, Kusum.

ARRESTS: During investigation, police arrest Hapur resident Mahendra and his wife Seema, and make Rohit and Kusum government witnesses. Present five witnesses during trial.

CHANGE: Complainant and witnesses change their statements. “Since the prosecution witnesses have not supported the prosecution version, and the complainant himself has stated that the FIR was lodged under police pressure, the prosecution story becomes unreliable,” says judge.