Hyderabad: After over three years since the Jubilee Hills police filed a chargesheet in the alleged gangrape of a 17-year-old girl, the trial is yet to begin against the main accused as the prosecution’s efforts to try four juveniles as adults remains under judicial scrutiny.After the incident was reported on May 31, 2022, the Jubilee Hills police filed two copies of the chargesheet against six accused — five minors and an adult — in two different courts on July 28, 2022.While hearing the rape charges against four of the five juveniles, the fifth additional metropolitan magistrate court-cum-principal magistrate of the juvenile justice board, Hyderabad, on Sept 30, 2022, observed that the children in conflict with law (CCLs), “have mental and physical capacity and also understand the consequences of the offence”.Given the observation, it transferred the case to the XII additional metropolitan sessions judge, Nampally for further prosecution under the POCSO Act. While the CCLs appealed against the juvenile court’s order on March 31, 2023, it was dismissed by the Nampally court.They then appealed in the Telangana high court.After hearing the arguments of the public prosecutor and the counsel for the petitioners, the HC set aside the orders of the juvenile court as well as the appellate court on April 24, 2023, and ordered a fresh inquiry, as per the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, and for “passing fresh orders.”Appeals being heard“As per the high court’s directions, the juvenile court conducted a fresh inquiry again and gave a similar order stating that the four juveniles can be tried as adults. This order was issued in Jan 2024 and the case was, once again, transferred to the special court for trial of POCSO cases,” said an official from Jubilee Hills police station. “But the four CCLs have challenged the juvenile board’s order and the appeals are being heard.“Meanwhile, the same court is hearing arguments on the charges brought against the only adult accused in the case under the IPC, POCSO and the IT Act. “Post that, the court will frame charges and trial will commence. Trial has already begun against the sixth accused, who is the son of an MLA, in the juvenile court as he was was only facing molestation charges,” the official added. On May 28, 2022, the six accused allegedly picked up the 17-year-old survivor from a pub in Jubilee Hills and visited a bakery in Banjara Hills. En route, some of the minors, including the MLA’s son, allegedly molested the girl. The legislator’s son then left the group. The remaining accused drove to an isolated spot on Road No 44 of Jubilee Hills and took turns to allegedly rape the survivor in the parked car. Based on a complaint lodged by her father, a gangrape case was registered on May 31 by the Jubilee Hills police.
