[Jubilee Hills gang rape] Juvenile Justice Board recommends trying four minors as adults since they understood consequences of the act

In a major development in the Jubilee Hills minor gang rape case, a Juvenile Justice Board (JJB) at Hyderabad held that four out of the five minor accused in this case could be tried as adults since they were aware of the consequences of their act..The fifth child in conflict with law (CCL), who happens to be the son of a local MLA, would be tried as a minor only because he isn't accused of raping the victim but only outraging her modesty, the JJB said. The JJB presided over by Judge Radhika Gavvala considered the gravity of the offence and also the ability of the four minors to understand the consequences of the offence. The case arose when a minor girl was raped in a car in the Jubilee Hill area at Hyderabad and the complaint regarding the same was lodged by the victim's father on June 2, this year.As per the First Information Report (FIR) the five CCLs along with prime accused Saduddin Malik, a major by age, committed rape on the minor girl.One of the five CCLs is the son of an MLA, who is not booked for rape. .To ascertain their capacity to understand the gravity of the offence they have committed, the judge had interacted with them personally after conducting a preliminary enquiry. The board noted all the four boys to be from well to do families and with professional ambitions and plans to pursue future studies abroad. It noted that the four have no mental or physical disability and were not neglected kids. "After interacting with the four CCLs, I am of the opinion that they have the mental and physical capacity and also understand the consequences of the offence. They weren't under the influence of alcohol or any other substance. There weren't any compelling circumstances in which they have committed the alleged offence. Hence, I am of the opinion that these CCLs should be tried as adults having regard to the gravity of the offence alleged against them," Judge Gavvala said while transferring the case to children's court. .Besides the judge, the CCLs were also examined by a psychiatrist from Hyderabad's Institute of Mental Health, who too submitted a report, with a finding similar to that of Judge Gavvala.However, the board's other member, after speaking to the CCLs concluded that though they have the mental and physical capacity to commit the offence but they do not have the legal education to understand the consequences of their acts. She stated that the CCLs would have been "lured" by the "welcoming approach" of the victim. .The JJB judge, however, disagreed with this finding. .[Read Order]