Hyderabad: The Juvenile Justice Board (JJB) in its preliminary assessment order issued on Friday in the Jubilee Hills minor girl rape case said four of the five juveniles can be tried as adults in regular POCSO court as the crime committed by them is heinous. The fifth juvenile cannot be tried because he is not involved in the rape of the minor girl.
The case was reported on June 2 by the father of the girl at the police station and six persons a major Saduddin Malik, who is the prime accused in the case and five juveniles, were arrested. Of the five juveniles, four had raped the girl in an Innova car at Jubilee Hills Road No. 44 while the fifth who is the son of an MLA outraged her modesty.
Considering the graveness of the case, the Hyderabad police filed a petition before the JJB seeking permission to try all five juveniles as majors for the offence.
Radhika Gavvala, Fifth Additional Chief Metropolitan Magistrate cum Principal Magistrate of JJ Board Hyderabad in preliminary assessment order passed under sub section (3) of Section 18 of the Juvenile Justice (Care and Protection of Children) Act 2015 stated that “After my interaction with the CCLs, I am of the opinion that the CCL’s have the mental and physical capacity and also understand the consequences of the offence. They were not under influence of alcohol or other substance. There were no compelling circumstances in which the CCLs allegedly committed the offence. Hence I am of the opinion that the CCL’s should be tried as adults having regard to the gravity of the offence alleged against them and it is a fit case to be transferred to Honourable Children’s Court (Honourable XII th AMSJ) Nampally.
She further stated that “In view of the above discussion and also material available. I am of the opinion that there is a need for trail of CCL1 to CCL 4 as adults. Hence I am transferring the record pertaining to the case to XII AMSJ court.
Before making the order the board with the assistance of a professor of psychiatry, the Institute of Mental Health, Hyderabad interacted with each of the five juveniles separately and studied their behaviour, family life, personal life, school life and other aspects before understanding their mental health and physical health.
A senior police official said the board as of now had granted permission for four Faziath, Kamranullah, Habeeb and Umair to be tried as adults in the case. However, the families have an opportunity to go for an appeal and depending on the outcome of the verdict of the appeal the trial of the case in a regular court will depend.
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