The Supreme Court overturned the criminal case against a man accused of forcibly converting a person to Christianity.

According to the prosecution, George Mangalapilly had converted a Dharmendar Dohar to Christianity. He was charged with offenses punishable under Sections 153 (B) (1) and 295-A of the Indian Penal Code and Sections 3 and 4 of the MP Freedom of Religion Act, 1968.

In the subsequent trial, Dharmendar Dohar during his examination-in-chief denied having been converted by the accused. He said his signatures were obtained on a piece of paper by certain people, on the basis of which prosecutions were brought against the accused. The witness was declared hostile and was cross-examined at length by the public prosecutor.

Following this development, George approached the High Court of Madhya Pradesh to quash the criminal proceedings against him. Granting in part its request filed under Article 482 CrPC, the court observed that as the case concerned the offenses punishable under Articles 153-B (1) and 295-A CPI, in the lack of sanction required, he could not be prosecuted in respect of the said offenses.

However, with respect to the offenses punishable under Articles 3 and 4 of the Deputy’s Religious Freedom Act, the High Court observed that evidence produced in the trial court could not be relied on to grant an advantage. within the meaning of article 482 of the Code. .

The bench of the Apex Court of Judges UU Lalit, S. Ravindra Bhat and CT Ravikumar, on appeal filed by the accused, considered that the testimony of the witness is important in this case.

“In the particular facts and circumstances of the case and especially when the whole pivot of the accusation rests on the version of the man who was declared to have been forcibly converted, in our opinion, the testimony of this person is of great importance. importance. By his own version, he was not forcibly converted nor did the appellant contact him at any time.“, observed the judiciary while allowing the appeal.

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