"Soldier supposed to protect dignity of citizens": Kerala High Court denies bail to soldier in POCSO case

A soldier is supposed to guard the nation and the dignity of its citizens, the Kerala High Court recently observed while denying bail to a soldier booked for allegedly persuading a thirteen-year old boy to have sex with him [Anwar Hussain T vs Union Territory of Lakshadweep]. .Single-judge Justice Sophy Thomas opined that since the bail applicant before her is a soldier, the allegations against him need to be viewed seriously. "Being a soldier, the allegations against the petitioner have to viewed more seriously. He is supposed to guard the nation and the dignity and integrity of the citizens," Justice Thomas observed in the order passed on January 5. The allegations, if proved, would be vulgar and "unbecoming of a responsible military officer" the judge added. "So, this court is not inclined to release the petitioner on bail at present considering the factual situations," the Court said. .The accused soldier (bail applicant), along with one of his friends, is alleged to have offered cash to a thirteen-year-old boy and persuaded him to have sex with them. He was subsequently booked under the the Protection Of Children from Sexual Offences Act (POCSO Act). The soldier contended that he was falsely implicated in the case owing to an old dispute between his family and that of the victim boy. The prosecution contested this claim and told the Court that the investigation in the case was yet to be completed. It argued that if the accused soldier is released on bail, it may adversely impact the probe and also the security of the victim boy. Taking these submissions into account, the bench dismissed the bail application. .Advocates Shiju Varghese, MT Philomina, Bincy Paul, SR Sreejith, P Sajeev and KA Sujan appeared for the bail applicant. Standing Counsel Sajith Kumar represented the State. .[Read Order]