The Juvenile Justice court that is hearing the sensational case of kidnap and gang-rape of a minor in Jubilee Hills has decided to try four of the five Children in Conflict with Law (CCL) in the case as adults.
With this decision, the JJ court decided to transfer all records of the case to Children’s court in Nampally (Twelfth Additional Metropolitan Sessions Judge) for trial of the four CCL as adults. The decision was taken on Friday by the Fifth Chief Metropolitan Magistrate-cum-Principal Magistrate of JJ Board by invoking Section 18 (3) of JJ Act-2015.
After Banjara Hills Assistant Commissioner of Police M. Sudarshan, who is the investigating officer of the case, filed final report in the case, the JJ Board decided to conduct preliminary assessment of the CCL1 to CCL4 as the charges against them were serious and the crime was heinous. The charge against CCL5 was not serious.
To assess the condition of the CCL1 to CCL4, the Board taken the assistance of a Professor of Psychiatry of the Institute of Mental Health. The psychiatrist, a member of the Board and the Principal Magistrate of JJ Board interacted separately with each of the CCL. The idea was to ascertain if the four CCL had the mental and physical capacity to understand consequences of the alleged crime they had committed and the circumstances in which they committed the heinous act.
Two days ago, the psychiatrist presented a report stating that the four CCL had knowledge about the consequences of the alleged crime they had committed. They also had the physical and mental capacity to understand the outcome of the crime.
The JJ Board member too agreed with the psychiatrist’s opinion that the four CCL had mental and physical ability. However, the member differed on the point of the four CCL’s capacity to understand legal consequences of their own actions. The member observed that the CCL might have been lured by the welcoming approach of the victim. The CCL did not have legal education and hence were unable to understand the legal consequences, the member opined.
The JJ Board Principal Magistrate, however, in her order stated that she differed with the JJ Board member’s observation. ‘Whether the victim lured the CCL or not is an issue of fact and cannot be determined at this stage,’ the JJ Board Principal Magistrate said.
The Principal Magistrate, noting that the four CCL were not under the influence of alcohol at the time of committing the alleged crime, said that her interaction with them confirmed that the four CCL had mental and physical capacity to realise aftermath of the crime.
