Categories
Gender and Sexuality Rule of Law

Indore Court clears Muslim bangle seller of molestation charges after lengthy legal battle, states that prosecution failed to prove charges

Taslim Ali, falsely accused and imprisoned under POCSO, alleged to hide his Muslim identity, was finally acquitted after a four-year struggle for justice

After enduring a nearly four-year-long legal battle, bangle seller Taslim Ali, who had been charged with several serious offenses, including those under the Protection of Children from Sexual Offences (POCSO) Act, was acquitted by an Indore court on December 3. The court, led by Special Judge Rashmi Walter, examined the case thoroughly and concluded that the prosecution had failed to present sufficient evidence to prove the charges against Ali. The verdict issued by the court noted that there was no substantial proof to substantiate the claims made against him.

The charges stemmed from an incident in August 2021, when Ali, a resident of Uttar Pradesh’s Hardoi district, was selling bangles in the Govind Nagar area of Indore’s Banganga locality. He was allegedly assaulted by members of the Bajrang Dal, a Hindutva group, who accused him of sexually harassing a minor girl. A video of the assault went viral, sparking significant outrage, and the alleged assailants instructed the public to not let Ali enter the area again. This led to protests by the Muslim community in Indore, condemning the attack on Ali. Initially, the police were hesitant to file an FIR unless someone from the mob made a complaint. It was only after intervention by Congress leader Imran Pratapgarhi, who supported Ali, that an FIR was lodged against the attackers.

However, the following day, Ali himself was arrested, with the police filing a counter FIR accusing him of attempting to molest a 13-year-old girl. The charges against him were grave, including several serious offenses under the POCSO Act. Despite spending four months in jail before being granted bail by the Madhya Pradesh High Court in December 2021, Ali’s legal struggle continued for more than three years as he faced ongoing court battles. His acquittal on December 3, 2024 marked the end of this long and tumultuous journey.

Taslim Ali reflects on his legal struggles and future

Speaking after his acquittal, Ali shared his emotions with the reporter of Indian Express, describing the experience as both happy and sad— “bittersweet,” as he put it. Reflecting on the ordeal, the IE reported Ali as expressing gratitude towards those who had stood by him during the difficult time and even towards those who had falsely accused him. He noted that he had been implicated in a false case based on his religion and name, which he believes was part of a larger agenda to target him unfairly. Despite the trauma, he expressed no ill will towards the people of Indore, where he had been selling bangles to support his six children. He emphasised that he did not hold any grudge against the city or its residents, stating, “All residents of Indore are my brothers and sisters,” as per the report of the IE.

Describing his experience during the 107 days he spent in jail after he was arrested under POCSO, Ali spoke candidly about the struggles he faced. “Initially, there was a lot of struggle; I was scared,” he admitted, as provided in the IE report. He also mentioned that he had been placed in solitary confinement, but over time, he became more accustomed to the solitude. “The jailers and police were nice to me. I was not harassed,” he said, adding that he never lost faith in the Constitution or the judiciary. 

Since being granted bail in December 2021, Ali told the media that he has returned to his bangle-selling business, traveling from colony to colony and various locations from Uttar Pradesh to Punjab and Indore to support his family. Despite the anxiety of returning to the streets of Indore after such a traumatic experience, Ali said he was motivated by the need to provide for his children and continue the family tradition of selling bangles.

Ali’s lawyer, Sheikh Aleem, explained to the IE reporter that the case collapsed due to key witnesses, including the minor girl involved in the accusation, turning hostile. Furthermore, the claim that Ali had changed his identity, based on the recovery of an Aadhaar card bearing the name “Golu,” was disproven in court. It was revealed that “Golu” was actually Ali’s village name, and he had rectified this on his Aadhaar card later, but the older version had been in his possession on the day of the incident. This clarification, along with testimonies from two village pradhans, helped dismantle the accusations.

Regarding his assailants, Ali revealed that they had apologised to him for the attack. However, he made it clear that he did not wish to pursue any further legal action against them. Instead, Ali expressed a desire to move on from the entire episode and leave it behind. As per the IE report, Ali noted that, “I have nothing against anyone.” His focus now is on returning to his work, moving forward with his life, and providing for his family. Despite the challenges, Ali remains determined to continue his work as a bangle seller and said that he would keep returning to Indore to support his loved ones.

Legal struggles and bail grant for Taslim Ali

Grant of bail: In December 2021, bangle seller Taslim Ali, who had been accused of sexually harassing a Class 6 student, was granted bail by the Madhya Pradesh High Court. Justice Sujoy Paul, who reviewed the case, noted that the nature of the accusation did not warrant Ali’s continued detention until the case’s resolution. Ali had been arrested on August 23, 2021, on charges of molestation and forgery, two days after he was attacked by a mob in Indore’s Govind Nagar. The mob had accused him of using a forged document to sell bangles and of molesting a 14-year-old girl during the Rakhi festival. A video of the assault, which showed Ali being beaten by several men who alleged he had been harassing women under the pretext of selling bangles, went viral on social media.

The next day, a counter-accusation was made by the minor daughter of one of the attackers, accusing Ali of sexual harassment. Following this, Ali was charged under various sections of the Indian Penal Code, including Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354-A (sexual harassment), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using forged documents as genuine), 420 (cheating), and 506 (criminal intimidation), as well as Section 7/8 of the Protection of Children from Sexual Offences (POCSO) Act. He was taken into custody on the same day and remained in jail from August 23, 2021, until the bail was granted.

Submissions made before the Court: In court, Ali’s counsel presented the argument that while selling bangles on the day of the alleged incident, Ali had been abused, threatened, and assaulted by a group of individuals. Ali himself had filed a report at the Banganga Police Station on the same day, at 13:45, describing the assault. The defence further argued that the counter-FIR filed against Ali at 6:00 pm that day, accusing him of sexual assault, was a retaliatory move fabricated by those who had threatened him. Ali’s counsel submitted photographs and a CD as evidence, claiming that these would help distinguish between the facts and falsehoods, highlighting who had truly committed the offense.

The prosecution contended that if Ali were granted bail, there was a risk he might flee from justice, making it difficult for them to pursue the case. However, the court dismissed this argument, noting that when the prosecution had visited Ali’s original residence in Uttar Pradesh, they found that he was living in a ‘Pradhanmantri Awas Yojana’ house under the name Asleem, son of Mohar Singh. Since the prosecution had already reached his permanent residence, the court concluded that the likelihood of Ali fleeing was minimal. Additionally, the court noted that there were no criminal antecedents to suggest Ali had been involved in any criminal activities previously, and there was no substantial evidence linking him to threats against the complainants. Considering these factors, the court deemed it appropriate to release Ali on bail.

Previous denial of bail: In September 2021, an Indore court rejected the bail application of a bangle seller who had been attacked by a group of men. The bail application, submitted by advocate Ehtesham Hashmi, had argued that the complaint was fabricated, with no factual basis, and aimed to suppress the true events. The applicant’s defence contended that the complainant had been part of the mob that had assaulted the bangle seller, and that the seller had filed his own complaint against the mob for the brutal attack. The defence further claimed that the present FIR was an attempt to falsely implicate the applicant.

The bail application argues that: a) the said story as mentioned in the FIR is an afterthought to the applicant filing a complaint against the complainant and other; and b) if the applicant ran leaving his belongings behind, as mentioned in the FIR, how is he seen with his belongings in the video where he is being thrashed; (c) the audio of the video makes no mention of the minor girl and the alleged incident of molestation, instead they were asking his name repeatedly; and (d) the narration of facts made in the FIR does not disclose an offense under Sections 7 and 8 of the POCSO Act.

Related:

Rising Tensions: Muslim Religious Sites face renewed attacks, demand for survey in Delhi’s Jama Masjid and Hanuman Chalisa

Right wing’s assault on mosques intensifies: UP Court to hear petition on Budaun’s Shamsi Shahi Mosque amid growing trend of similar targeting of minority shrines

Supreme Court urges UP government to maintain peace and harmony in Sambhal, prohibits the trial court from taking any further steps till January

Sambhal Violence: State crackdown intensifies, thousands accused, and allegations of police misconduct ignite a political and communal crisis in Uttar Pradesh

Uttarakhand: Despite BJP Govt Assurance to Contrary in HC, Hindu Mahapanchayat Held in Uttarkashi

Uttarakhand High Court orders security, condemns hate speech over Uttarkashi Mosque

Exit mobile version