The Kerala High Court has rejected the bail plea of a 32-year-old soldier Anwar Hussain T from Lakshadweep’s Amini village who is accused of offering money to a 13-year-old boy in exchange for having sex with him and one of his friends. The single bench headed by Judge Sophy Thomas expressed that the charges against the bail applicant should be taken seriously because he is a soldier.
“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,” she observed in an order released on 5th January. Furthermore, the judge stated that the accusations were “unbecoming of a responsible military officer” and disgusting if established. The court proclaimed, “So, this court is not inclined to release the petitioner on bail at present considering the factual situations.”
The perpetrator and his accomplice enticed the minor boy to engage in an act of sodomy with them by offering him cash after which the former was arrested and sections 5b(iv)(aggravated penetrative sexual assault), 6 (punishment for aggravated penetrative sexual assault), 11(iv)(sexual harassment), 12 (punishment for sexual harassment) and 18 (punishment for attempt to commit an offence) of the POCSO (Protection of Children from Sexual Offenses) Act were invoked against him last year.
The victim’s family filed a police report in the case in 2023. The culprit, however, informed the court that he was at odds with the family members of the young boy and was being trapped in a family feud by them. He submitted bail under Code of Criminal Procedure section 439 which deals with the high court’s or court of session’s exceptional powers over bail.
This argument was refuted by the prosecution who asserted that the case’s investigation was still ongoing. It contended that the probe and the boy’s security could be jeopardized if the offender is freed on bond. The bench denied the bail request after considering these grounds.
