The Karnataka High Court has refused bail to a person from Belagavi who sexually assaulted and also forced a 28-year-old married Dalit woman to embrace Islam. He had induced her on the pretext of getting a job. According to Justice S. Rachaiah, it is inappropriate to grant the accused bail given the victim’s mental state and condition. The 33-year-old accused Rafiq also known as Laalsab Bepari was charged with violations under the Indian Penal Code, Karnataka Protection of Right to Freedom of Religion Act and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
A charge sheet had also been submitted by the police to the Sessions Court which denied his bail plea in May and he approached the high court. He is an agriculturist from a village in Savadatti taluk of Belagavi district. “It is needless to say that while considering the bail applications, the factors which are required to be considered are the nature of offences, gravity thereof and societal impact etc. In the present case, the act of inducing innocent and poor women and forcibly convert to Islam is a serious development and therefore, it is necessary to give a message to society that courts are vigilant to regulate such activities and also guard innocent and underprivileged women and children of society,” the court pronounced.
The victim, a mother of two was married in 2013. She took care of a retail store in Munavalli village of Savadatti taluk when her mother-in-law returned home for lunch. Meanwhile, Rafiq, a frequent customer of the shop first befriended and then grew close to the victim. He asked for her mobile number but she refused. Afterwards, he obtained her number from her neighbour and spoke to her regularly. He sexually exploited her in the name of securing a bank job and also pressured her to run away together. The two began an affair and her husband learned about it. He sent her back to her parents’ house in 2021. The woman was reconciled with her spouse through the help of the village elders.
He then threatened that he would upload her photos and videos on social media if she refused to provide him with sexual favours and went back to her children and husband. Afterwards, he took her to Swadar Kendra in Belagavi and imprisoned her in a rented home. He forced her to become a Muslim and marry him. He also pressured her to offer namaz and follow Islamic rituals. A woman kept an eye over her while she was there to make sure she didn’t leave the house. She was regularly raped there. A complaint was filed against Rafiq in April after she managed to escape from her confinement after some time and narrated her ordeal to her in-laws. He claimed that he had been wrongfully accused in this case. He added that the victim’s family members had not lodged any complaint even after she eloped which proved had kidnapped her.
“It appeared from the record that she had managed to escape from the house, informed her husband and lodged a complaint. The eagerness of the victim to join her family by leaving the company of the appellant would indicate how much she had been subjected to harassment. Therefore, having considered her mental status and condition, it is not appropriate to grant bail to the petitioner,” the court declared.
