Supposed to safeguard nation, honour dignity of citizens: Kerala HC denies bail to soldier in POCSO case [Read Order]

KOCHI: The Kerala High Court recently opined offences against soldiers have to be viewed seriously as they are supposed to safeguard the nation as well as honour the dignity and well-being of citizens. While hearing a hearing a bail application in a case registered under Protection of Children from Sexual Offences Act, 2012 (POCSO), the Kerala High Court made these observations. 

Therefore, allegations against the petitioner, who is a solider have to be viewed seriously, the Court added. 

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 its citizens. The allegations if it is proved true, it is vulgar and unbecoming of a responsible Military Officer. So, this Court is not inclined to release the petitioner on bail at present considering the factual situations, Justice Sophie Thomas said while refusing to grant bail. 

The court was considering a regular bail application bail registered under Sections 12, 11(iv), 18, 6, 5b(iv) of the POCSO. It is the prosecutions version that one day, the petitioner and the second accused, offered cash and persuaded a 13-year-old boy to have sex with them.

The counsel for the petitioner submitted the petitioner is a Soldier and due to some disputes between families, a false case was foisted against him. The Standing Counsel for the Union Territory of Lakshadweep submitted that, investigation is going on, and if the petitioner is released on bail at present, it may adversely affect the investigation process, as well as the security of the victim boy.