LawChakra

Kerala High Court Refuses Bail to Soldier in POCSO Case, Emphasizes Duty to Uphold Citizen Dignity

Denying bail to the accused, Justice Sophy Thomas said a soldier is supposed to protect the nation and dignity of citizens. The soldier faces charged under the the Protection Of Children from Sexual Offences Act (POCSO Act) for sodomising a thirteen-year-old boy.

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KERALA: The Kerala High Court recently denied bail to a soldier accused of sexually exploiting a minor boy. The soldier, who was stationed in Lakshadweep, along with an accomplice, allegedly offered cash to a 13-year-old boy for sexual favors. This case, registered under the stringent Protection Of Children from Sexual Offences Act (POCSO Act), has drawn considerable attention due to the involvement of a defense personnel.

Justice Sophy Thomas, presiding over the case, made a profound observation, stating,

“Being a soldier, the allegations against the petitioner have to be viewed more seriously. He is supposed to guard the nation and the dignity and integrity of the citizens.”

This remark underscores the heightened responsibility and moral standards expected from members of the armed forces.

The soldier, identified as Anwar Hussain T in the case [Anwar Hussain T vs Union Territory of Lakshadweep], denied the charges, attributing them to a longstanding family dispute with the boy’s family. However, the prosecution argued that granting bail could impede the ongoing investigation and potentially endanger the victim’s safety.

Justice Thomas, in her January 5 order, emphasized the gravity of the allegations, which, if proven true, would be

“vulgar and unbecoming of a responsible military officer.”

She further stated,

“This court is not inclined to release the petitioner on bail at present considering the factual situations,”

after hearing arguments from both sides.

The case highlights the critical role of the judiciary in balancing the rights of the accused with the protection of vulnerable sections of society, especially children. The court’s decision to deny bail reflects a commitment to uphold the integrity of the nation and its citizens, a duty that extends to all, particularly those in positions of authority and trust.

[Read Order]

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