In its preliminary assessment order issued on Friday in the Jubilee Hills minor girl rape case, the Juvenile Justice Board (JJB) stated that four of the five juveniles can be tried as adults in regular POCSO court because the crime committed by them is heinous. However, as the fifth juvenile was not involved in the rape of the minor girl, he cannot be tried.
The case was reported to the police station on June 2 by the girl’s father, and six people were arrested, including the prime accused, Major Saduddin Malik, and five juveniles.
Four of the five juveniles raped the girl in an Innova car on Jubilee Hills Road No. 44, while the fifth, the son of an MLA, outraged her modesty.
Given the gravity of the situation, the Hyderabad police department petitioned the JJB for permission to charge all five juveniles as majors.
In a preliminary assessment order issued under Section 18 of the Juvenile Justice (Care and Protection of Children) Act 2015, Radhika Gavvala, Fifth Additional Chief Metropolitan Magistrate cum Principal Magistrate of JJ Board Hyderabad stated, “After my interaction with the CCLs, I am of the opinion that the CCLs have the mental and physical capacity and also understand the consequences of the offense.”
“They were not under the influence of alcohol or any other substance. There were no compelling circumstances surrounding the alleged offense committed by the CCLs. Hence I am of the opinion that the CCL’s should be tried as adults having regard to the gravity of the offense alleged against them and it is a fit case to be transferred to Honourable Children’s Court (Honourable XII th AMSJ) Nampally.”
She went on to say, “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 decision, the board, with the help of a psychiatry professor from the Institute of Mental Health, Hyderabad, interacted with each of the five juveniles separately and analyzed their behavior, family life, personal life, school life, and other aspects in order to understand their mental and physical health.
According to a senior police official, the board has approved four Faziath, Kamranullah, Habeeb, and Umair to be tried as adults in the case. However, the families have the option of filing an appeal and depending on the outcome of the appeal the trial of the case in a regular court will depend.
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