1 week ago
Madhya Pradesh High Court Suspends Sentence for Interfaith Wife
A woman and a man from different faiths wanted to marry.
Their families opposed the relationship, and the woman filed a rape complaint against the man in 2018.
During the trial, she said she had gone with him willingly and wanted to marry him.
The man was acquitted because the evidence did not support the allegations.
A trial court then convicted the woman for giving false information and false evidence.
She appealed that conviction and asked to remain free while the appeal continued.
The High Court suspended the rest of her sentence and granted bail.
The court said this decision did not decide whether her conviction was ultimately correct.
The Madhya Pradesh High Court suspended a woman’s remaining jail sentence and granted her bail.
She had been convicted of giving false information and evidence in a rape case against her partner.
The woman later testified that her family pressured her to file the rape complaint.
The man was acquitted after the woman and other prosecution witnesses did not support the allegations.
The couple later married voluntarily, live together with their two children, and lack family support.
- Who
- An unnamed woman, her interfaith partner, and the Madhya Pradesh High Court, presided over by Justice Jai Kumar Pillai.
- What
- The court suspended the woman’s remaining jail sentence and ordered her release on bail while her appeal is pending.
- Where
- The case was heard in the Madhya Pradesh High Court.
- When
- The High Court considered the matter on August 17; the original complaint was filed on May 21, 2018, and the trial court’s earlier suspension ran until August 22, 2026.
- Why
- The court cited the couple’s voluntary marriage, their two children, the man’s acquittal, the woman’s lack of criminal antecedents, and the expected delay before the appeal’s final hearing.
Woman’s Appeal
Trial Court’s Conviction
Whether the complaint was voluntary
Woman’s Appeal
The woman testified that she filed the rape case under family pressure because of opposition to the interfaith relationship, and that she had voluntarily gone with the man intending to marry him.
Trial Court’s Conviction
The trial court treated her allegedly contradictory statements as false information and false evidence and convicted her under Sections 182 and 193 of the Indian Penal Code.
Basis for release during appeal
Woman’s Appeal
Her lawyer argued that the conviction was legally flawed, that she had a strong chance of succeeding on appeal, and that the appeal would take considerable time.
Trial Court’s Conviction
The conviction and sentence remained in place while the appeal was pending; the High Court suspended the sentence without ruling on whether the conviction was correct.
Key facts
- Original complaint
- Filed on May 21, 2018, alleging rape based on a false promise of marriage.
- Charges against the man
- Sections 376 and 376(2)(N) of the Indian Penal Code.
- Woman’s convictions
- Sections 182 and 193 of the Indian Penal Code.
- Sentence
- One month and three years’ rigorous imprisonment under the two provisions, respectively.
- Current family status
- The couple voluntarily married and have two minor children.
- High Court decision
- The remaining sentence was suspended and the woman was granted bail.
- Merits of appeal
- The court expressly made no determination on the merits of the appeal.
Quotes
Justice Jai Kumar Pillai
Judge of the Madhya Pradesh High Court
“The fact that upon the complaint of petitioner, the man was acquitted from the charges and now they both are married and are living as ‘husband and wife’ with two children, the fact that the appellant has no criminal antecedent, considering the nature of offence, the fact that jail sentence of the petitioner had already been suspended by the trial court till August 22 and the fact conclusion of final hearing of the appeal would take a considerable long time, therefore, without commenting on the”
indianexpress.com
Sources
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