On 29th May, a special SC/ST court in Barabanki sentenced Mohammad Salman to life imprisonment along with multiple jail terms for raping a Dalit girl, attempting forced religious conversion, and hurling casteist abuses. Notably, Salman got in touch with the Dalit girl posing as a Hindu man named “Sumit Kanojia”.
In the judgment, Justice Veena Narayan, who found Salman guilty under IPC Sections 376, 366, 406, 504, 506, Section 3(2)(v) of the SC/ST Act, and Section 3 and 5(1) of the UP Prohibition of Unlawful Conversion of Religion Act.
The case was registered on 15th December 2023 after the victim’s brother filed a complaint stating his 18-year-old sister had gone missing two days earlier. He had told police that she was in contact with a man over the phone and accused the person of luring her.
Victim lured under false identity, taken to multiple locations
OpIndia accessed the judgment in the matter. According to court records, the victim belonged to the Scheduled Caste community. She had been in touch with a man who introduced himself as “Sumit Kanojia”, and was in touch with her over the phone for nearly two years. She believed him to be from her own caste and community. Salman had promised marriage and pretended to be a Hindu throughout their interactions.
On the night of 13th December 2023, the victim’s mother and sister-in-law were at home and the men of the family had gone to attend a wedding. The victim left the home around 8 PM and carried jewellery and cash with her. She was last seen leaving the house with Salman, who picked her up on a bike. When her family members tried contacting her on the phone, it was switched off.
Initially, the family tried to find her on their own in which they failed. A police complaint was then filed by her brother. An FIR was registered on 15th December 2023. Police swung into action immediately and an investigation was launched.
According to the victim’s statement in court, Salman took her first to Vishnupuram Colony in Shahjahanpur. They stayed at a rented accommodation for around 20 days, where he kept her confined. The victim repeatedly requested him to get married, but he refused.
After staying in Shahjahanpur for 20 days, they shifted to Maigalganj where they lived for around six to seven months. There too, she remained confined, locked in a room. She cooked for herself while Salman would go out alone and return after several hours. The victim told the court that he had broken her mobile phone and severed all her communication with the outside world.
Initially, the victim had no knowledge of Salman’s true identity. When they started living together, she found out that his real name was Mohammad Salman. She also found out that he was already married and had children. But by then, she had already been physically assaulted, sexually exploited, and isolated for months. After she learnt about his identity, he reportedly told her that he would marry her only if she converted to Islam.
Salman posed as Hindu, later revealed to be married Muslim man
During trial, it was established beyond doubt that Mohammad Salman had deliberately assumed a fake identity as “Sumit Kanojia” to gain the victim’s trust. He claimed that he belonged to the same community as the victim. He carefully tailored his conversations to align with her beliefs and background. This deception extended over nearly two years of phone interactions. During that time, he assured the victim of marriage and posed as a suitable match from within her own community.
The victim’s brother deposed in court that the family had earlier caught her video calling a man. When they questioned the girl, she claimed that the man’s name was Sumit Kanojia and he was from another village but of the same caste. The family scolded her and warned not to contact the man. However, within two days, she resumed her contact with Salman.
Salman continued his act and even tried to convince the family that he was a Hindu and wanted to marry their daughter. He used to wear hindu sacred thread Kalawa and tilak to convice the victim and her family. The mother reportedly told him to wait until the girl’s father returned from work in Kerala.
Salman, on the other hand, had no intention to reveal his true identity. The girl got to know his real name only after they started living together. The disclosure shattered her trust. However, by then, he had already taken her to unfamiliar places, deprived her of communication, and sexually assaulted her repeatedly. The revelation of his identity became the basis of charges under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, as he had pressured the victim to convert to Islam once his identity was exposed.
Victim’s ordeal – Rape, threats, and confinement
The victim narrated the ordeal of suffering for over seven months in the court. She explained how he lured her away from her home under the false identity of a Hindu man, raped her multiple times against her will, and kept her in isolation. She stated that he first established physical relations with her at Shahjahanpur and then continued to do so in Maigalganj.
Following the revelation of his true identity, despite her objections and insistence that they should get married first, Salman told her that marriage would only happen if she converted to Islam. When she refused, she said, he abused her using casteist slurs and threatened to kill her and dump her body where no one would find her.
The victim remained confined in Maigalganj for around six to seven months. She told the court that Salman used to go out frequently but never took her anywhere. She was not allowed to step outside even once. During this time, she also became pregnant, which was confirmed in her medical examination. However, according to the prosecution, Salman forcibly administered abortion pills, leading to miscarriage.
The victim faced trauma after learning about his real identity and marital status. The fact that he was already married with children was hidden from her throughout. The court found her testimony consistent, credible, and unwavering despite cross-examination, noting that the duration, circumstances, and repeated nature of the abuse made her account highly reliable.
The police were able to trace the victim on 25th July 2024, more than seven months after she had gone missing. The police acted on inputs from sources and traced her to a location near Mittai Canal Bridge in Barabanki. A team reached the spot where she was recovered. However, Salman managed to escape. The police then brought her to the station and recorded her statement. A supplementary medical examination was conducted.
The victim informed the court that she was in a relationship with Salman for over four years. On his instructions, she had taken her mother’s jewellery and Rs 40,000 in cash before leaving with him. Salman sold off her jewellery and used the cash she had brought from home.
Charges invoked under IPC, SC/ST Act, and anti-conversion law
Following the victim’s recovery and her detailed statements to the police and magistrate, the charges against Salman were expanded. While the initial FIR filed on 15th December 2023 included Section 366 of the IPC for kidnapping and Section 3(2)(v) of the SC/ST Act, the police later added more serious charges. These included rape, criminal breach of trust, caste-based abuse, criminal intimidation, and attempted forced religious conversion.
The SHO submitted a report to the CO on 25th July 2024, recommending the additional charges based on the girl’s account and medical evidence. Accordingly, Salman was charged under Section 376 of the IPC for raping the girl after luring her under a false promise of marriage, and under Section 406 for having misappropriated her jewellery and cash. Sections 504 and 506 were added for caste-based verbal abuse and threats to kill. The court also allowed the addition of Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act after it was found that Salman knowingly targeted the girl for being Scheduled Caste. Most significantly, the prosecution added Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, based on the girl’s repeated assertions that Salman pressured her to convert to Islam as a precondition for marriage, a demand she refused.
The judge observed in the judgment that the deceitful identity, the abuse of trust, and the caste and communal angle of the crime elevated its seriousness and justified the inclusion of all the above provisions.
Medical examination and supporting witness statements
Following her recovery, the victim was sent for a medical examination. Dr Priya Singh, who conducted the examination, told the court that the girl had engaged in recent sexual activity. However, there were no signs of physical injury found due to the lapse of time. The court was informed that the hymen was torn, consistent with the victim’s account of repeated sexual intercourse over several months. The doctor further confirmed that the girl was not a minor, and her approximate age was found to be around 18 years.
The court relied on both medical evidence and the testimony of prosecution witnesses. The victim’s brother provided details of the sequence of events leading to the disappearance, the family’s initial attempts to locate her, and the shock they experienced upon discovering the accused’s real identity. He also stated that the victim had told the family over the phone, after her rescue, that she had been deceived and pressured to convert.
The investigating officers also corroborated the chain of events. IO Dr Veenu Singh and CO Jagat Ram Kanojia confirmed that after the victim’s recovery, statements were recorded, maps were drawn of the locations involved, and the new charges were added to the FIR.
During the course of the investigation, the police found out the real identity of Salman and traced his house location. However, it was found to be locked. The neighbours informed the police that Salman’s wife’s delivery was due and the family had left for the same.
Court’s findings based on testimonies
In her detailed judgment, Justice Narayan observed that the victim’s testimony remained unwavering, specific, and consistent at all stages. The judge remarked that although the case involved an adult woman, the issue of consent did not arise, as the accused had obtained her trust through fraudulent means, posed as a Hindu, and later used coercion, isolation, and threats to continue a sexual relationship under false pretences.
Rejecting the defence’s arguments that the victim had left home voluntarily and that no force was used, the court held that consent obtained through lies and manipulation is not valid in law, particularly when the victim is confined, cut off from her family, and forced to act under sustained psychological pressure.
Consequently, the court found Salman guilty under all relevant sections and sentenced him to life imprisonment for rape, with additional terms for the other charges. The sentences were ordered to run concurrently, and the convict was taken into custody immediately after pronouncement.
Detailed sentence awarded by the court
The court sentenced him to life under SC/ST Act. He was sentenced to five years of rigorous imprisonment and a fine of Rs 25,000 under Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
For kidnapping the victim, Salman was sentenced to ten years of rigorous imprisonment along with a fine of Rs 10,000. For criminal breach of trust, he was awarded three years of imprisonment and a fine of Rs 5,000. For intentional insult, the court awarded one year of simple imprisonment, and for criminal intimidation, he received two years of rigorous imprisonment. All sentences will run concurrently.
