In the horrific Hyderabad gangrape case, the police have now opined that the 5 minor accused must be tried as adults for ‘maximum punishment’. The five minor accused also involves an AIMIM MLA’s son. According to Deputy Commissioner of Police Joel Davis, the juvenile justice board (JJB) has been asked to recommend the trial against the minors to be considered as adults.
“Currently, we are focusing on collecting evidence. Once the chargesheet is filed, we will ask the JJB to recommend for the trial as adults,” the DCP Joel Davis was quoted in a TOI report.
It should be noted that under the Juvenile Justice Act 2015, all the offences, for which a maximum punishment is of seven-year imprisonment or more, are classified ‘heinous. In this case, all the arrested persons are minors to have committed a ‘heinous’ offence.
As such, the Juvenile Justice Board will be conducting an assessment and try to identify if the accused were indeed capable of committing the offence mentally or physically.
For now, all six accused, including five minors, have been arrested for the gangrape of the 17-year-old girl in a parked car. Earlier on June 3, the police revealed that the 17-year-old victim was gangraped after being lured in a car on the pretext of dropping her home.
The Facts of the Matter
After the brutal and tragic 2012 Nirbhaya gang-rape case, the Indian justice system saw a slew of changes, including amendment in the rape law. A new, more stern, anti-rape law – Criminal Law (Amendment) Act, 2013, was introduced. Now, the 2022 Hyderabad gangrape case, has brought the country to a new point, where lawmakers are forced to take a hard look on the juvenile related laws in the nation.
Police Looking to Get Accused Tried as Adults
Earlier on Tuesday, the Hyderabad police announced that it will be seeking the trial of the minors involved in the Jubilee Hills gangrape case as adults to make sure they receive “maximum punishment”. The accused in the matter also involved the son and a nephew of AIMIM MLA, a son of politician holding a position in Telangana’s government.
Also Read: Maharashtra: Woman Strangles 2-Year-Old Son, Infant Daughter for Crying, Burned Their Bodies
What Will Juvenile Justice Board Do?
According to reports, the Juvenile Justice Board will receive a recommendation from the city police to try the minors as adults. The board will assess the accused’s physical and mental capabilities to commit such a heinous crime. Furthermore, to try the minor accused as adults, the board will also assess whether the minors understood the consequences of committing such actions and the circumstances due to which they committed such a crime.
What Happens if JJB Finds Accused Guilty?
The JJB will then order transfer of the trial to the jurisdictional children’s court. In such a case, the accused will be sent to the juvenile home until they complete 21 years and will then be shifted to a regular prison to continue their sentence.
It should be noted that back in 2019, a 17-year-old was tried as an adult for sodomy and murder of another minor boy in Chandrayangutta, Telangana. The minor accused was slapped with two life sentences.
Accused Can be Awarded Death Penalty or Life Imprisonment
Reportedly, the five minors have been booked under sections pertaining to gangrape, abduction and voluntarily causing hurt, along with sections of the POCSO Act. The accused can get either a death penalty, 20 years in jail, or life imprisonment. The Hyderabad police commissioner CV Anad was quoted in an NDTV report saying, “We have booked them under the stringent sections, so they get maximum punishment for this heinous crime”.
Follow Us on Instagram | Twitter | Facebook | YouTube | Flipboard | Google News
