Supposed To Guard Nation & Protect Integrity Of Its Citizens: Kerala High Court Denies Bail To Soldier Accused In POCSO Case
In a recent matter regarding POCSO allegations against a soldier under Sections 12, 11(iv), 18, 6 and 5b(iv) of the Protection of Children from Sexual Offences Act, 2012, the Kerala High Court has observed that “allegations [against a soldier] has to be viewed more seriously. He is supposed to guard the nation, and the dignity and integrity of its citizens.”A single bench of Justice...
In a recent matter regarding POCSO allegations against a soldier under Sections 12, 11(iv), 18, 6 and 5b(iv) of the Protection of Children from Sexual Offences Act, 2012, the Kerala High Court has observed that “allegations [against a soldier] has to be viewed more seriously. He is supposed to guard the nation, and the dignity and integrity of its citizens.”
A single bench of Justice Sophy Thomas accordingly denied the soldier/petitioner's bail plea.
The prosecution's case was that the petitioner, who was posted in Lakshadweep, along with the second accused had persuaded the victim boy aged thirteen to have sex with him after offering cash.
The petitioner disagreed with the submissions and argued that a dispute between the families led to a false charge against him. Standing counsel for the Union Territory of Lakshadweep submitted that the investigation was ongoing, and if the petitioner was released on bail, it might have ramifications for the investigation and the victim.
As such, the bail application was dismissed.
Counsel for Petitioner: Advocates Shiju Varghese, MT Philomina, Bincy P Paul, SR Sreejith, P Sajeev and KA Sujan
Counsel for Respondent: Advocate Sajith Kumar V
Citation: 2024 LiveLaw (Ker) 46
Case Title: Anwer Hussain T v. Union Territory of Lakshadweep
Case Number: Bail Application No. 11634 of 2023