High court overturns release of child-rape suspect
The prosecution appealed the decision in the High Court on 4th of this month.
By
Fathmath Ahmed Shareef
The High Court on Monday ruled that a man arrested and charged with raping a child at a guesthouse during the Covid-19 lockdown was released illegally and has now been ordered to be remanded in custody pending a decision on his bail.
Anees Hilmy, Silsilaage/H.A.Baarah was charged with allegedly grooming an 11-year-old girl from the street, taking her to a guest house and sexually assaulting her on June 10, 2020, during the Covid curfew.
According to the charges, he saw the child on the street, talked to her, bought her some juice and a bottle of body spray from a nearby shop in his process of grooming her. He then took the girl to a guesthouse, where he molested and raped her.
He was charged with:
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Charged with intentionally touching the body of a child with sexual intent
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Charged with grooming a child for sexual purposes
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Charge of possession of pornography
He was arrested on June 12, 2020 and remanded in custody pending trial. However, on 24th last month, he asked for a review of his custody, and the Criminal Court quashed the previous order of indefinite remand and released him on 21st of that month. He was released on the grounds that he had spent a long time in custody and had not committed any illegal act during his custody.
The prosecution appealed the decision in the High Court on 4th of this month.
The High Court on Monday quashed the Criminal Court order to release Anees Hilmy. The Criminal Court was also asked to determine within seven days whether Anees Hilmy should be remanded in custody pending trial.
While reviewing the detention, the Criminal Court has been asked to keep in mind the recent guidelines laid down by the Supreme Court. Till a decision is taken, Hilmy has been ordered to be held in remand jail.
The High Court ruled:
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Without a legal procedure for transferring a prisoner to house arrest, a person in prison cannot be legally transferred to house arrest before being sentenced by the court
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Violated the conditions of house arrest while released from custody; He did it cunningly without any real necessity
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The prolongation of the case is not a reasonable ground for releasing a person from custody in a case where there is an argument for remand in custody without changing the circumstances in which a person should be remanded in custody pending trial.
