Shame to legal profession: Kerala High Court denies relief to lawyer accused of raping minor

The Kerala High Court on Friday rejected the anticipatory bail plea of a 58-year-old lawyer accused of sexually assaulting a minor girl after compelling her to consume liquor [Noushad v State of Kerala & anr].Considering that the accused is a lawyer, Justice PV Kunhikrishnan called the case unfortunate and remarked that such actions bring shame to the legal profession."If the facts narrated by the prosecution and the victim are correct, it is unfortunate because the petitioner is from a noble profession. After going through the statement of the victim (if it is correct), a human being cannot complete reading it without tears in their eyes because the allegation is that the petitioner abused a minor girl, without her consent. The allegation is that the petitioner, who is a lawyer, gave alcohol to the victim and thereafter, committed penetrative sexual intercourse with a minor girl. If the facts are correct, it is a shame to the profession. Such a person is not entitled to any discretionary relief from this Court. I am of the considered opinion that the petitioner is not entitled to anticipatory bail," the single-judge said..The accused, Noushad, a lawyer practicing before the Kerala High Court, was booked by the police last year. The victim told the police that in 2022, when she was in the 9th standard, Noushad, a family acquaintance, invited her and her aunt to a hotel room in Kozhenchery. He allegedly forced her to consume alcohol against her will. Thereafter, she became disoriented.When her aunt left the room, the lawyer locked the door and raped her, ignoring her protests and visible distress. She alleged that the lawyer continued to abuse her over time with her aunt’s knowledge..The accused, represented by Senior Counsel P Vijayabhanu, argued that the case was fabricated to tarnish his reputation. It was submitted the victim and her family had previously filed similar complaints for financial gain. In particular, the Court was informed about acquittal of an accused in another case registered on the same victim's complaint. .The public prosecutor, however, argued that the evidence on record clearly established the accused's role in the crime. It was also submitted that releasing the accused on bail would pose a threat to the victim's safety..After thoroughly examining the case diary and reports submitted by advocate Parvathi A Menon, the Project Coordinator of the Victim Rights Centre (VRC), KeLSA, the Court said a prima facie case was made out against the accused. It also found there was a legal bar on entertaining the anticipatory bail plea since the rape victim is a minor. "I do not want to discuss the merit of the case further, but suffice it to say that this is a bail application, which cannot be entertained because of the bar under section 482(4) BNSS," the Court stated. .The Court also noted that the victim is now focused on her education and aims to be a Forensic Surgeon. "The entire society is with her, fingers crossed, to achieve her dream," the judge observed while denying relief to the accused..The accused-lawyer was represented by senior counsel P Vijayabhanu, along with advocates S Rajeev, VV Vinay, MS Aneer, Sarath KP, Anilkumar CR and KS Kiran Krishnan. The State and the victim were represented by senior public prosecutor KA Noushad. Advocate Parvathi A Menon represented Victim Rights Centre (VRC), KeLSA..[Read Order]