Hyderabad: Four accused of gang rape of a 17-year-old girl in a car at Jubilee Hills, Hyderabad underwent potency test on Saturday. One of them is likely to undergo the test on Sunday.
The minor who has been accused of outraging the modesty of the girl was not sent for the test as he is not an accused in the rape case.
The test was conducted at the Forensic Science department of Osmania General Hospital. At the hospital, the test room was cordoned off by cops.
Why potency test is conducted?
As per section 53A of CrPc, persons who are accused of rape or rape attempt have to undergo a detailed examination by a registered medical practitioner.
The potency test also confirms whether the persons who are accused in the rape case are capable of sexual intercourse.
Charges against Hyderabad gang rape case accused
Meanwhile, the police custody of Saduddin Malik, who is the only major accused in the sensational case is going to expire on Sunday.
Malik and four other minors have been booked under IPC’s Sections 376 D (gang rape), 323 (causing hurt), Section 5 (G) (gang penetrative sexual assault on child) read with Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 366 (kidnapping a woman) and 366 A (procuration of a minor girl) and Section 67 of Information Technology Act.
Another minor who was not involved in rape but was accused of outraging the modesty of the girl has been booked under IPC Section 354 (assault or criminal force to woman with intent to outrage her modesty), 323 and Section 9 (G) read with 10 of POCSO Act.
POCSO vs Juvenile Justice Act
While the Protection of Children from Sexual Offences (POCSO) Act meant to protect children aged below 18 years from various sexual offenses, the original Juvenile Justice (JJ) Act states that no children, irrespective of the crime committed by them, can be awarded a punishment of more than 3 years’ imprisonment.
However, the Juvenile Justice (Care and Protection of Children) Amendment Act, 2015 introduced a provision for treating individuals aged 16-18 years as adults if they commit a heinous crime. However, whether to treat a person as an adult or not is decided by Juvenile Justice Board (JJB).
What is POCSO Act?
Under the POCSO act, any person aged below 18 years irrespective of gender is a child. The act broadly classified sexual offenses against the child into five.
- Penetrative sexual assault
- Aggregative penetrative sexual assault
- Sexual assault
- Aggregative sexual assault
- Sexual harassment
The minimum punishment for penetrative sexual assault under POCSO Act is 10 years in jail if the offense is committed against a girl aged between 16-18 years.
In the case of aggregative penetrative sexual assault, the minimum punishment under the act is 20 years.
As per the act, a person who commits sexual assault on a child is punished with an imprisonment of not less than three years whereas, the minimum punishment for the accused of aggregative sexual assault is five years.
In case of sexual harassment, the accused is sent to jail for a term that may extend to three years.
