Hyderabad Gang Rape: Telangana High Court Sets Aside Magistrate's Decision To Try Juvenile As Adult, Says Entire Assessment Done In One Day

The Telangana High Court has set aside the order of a Magistrate to try a juvenile as an adult in the Jubilee Hills gang rape case.In June 2022, five minors and one major accused were arrested for the gang rape of a 17 years old girl in a car in Jubilee Hills area near Hyderabad. They had allegedly kidnapped the victim in a car. The bench of Justice G.Anupama Chakravarthy said that, “it is evident that within one day the entire assessment was done and the learned Magistrate has also deferred with the Board Member’s findings and came to a conclusion that on interaction she is of the opinion that the CCLs are mentally and physically fit and can be prosecuted as adults.”The Criminal Revision was filed to quash the order of Additional Chief Metropolitan Magistrate Court–cum-Principal Magistrate of Juvenile Justice Board, Hyderabad passed in 2022 to try the juvenile as an adult under the Protection of Children from Sexual Offences Act, 2012.It was contended by the counsel of the juvenile that the entire preliminary assessment report by the Magistrate was concluded within one day in a hasty manner."The Board Member, Psychiatrist Member and the learned Magistrate together have come to a conclusion about the physical and mental ability of the Juveniles and it has to be completed within a period of three months. But the Board, including the learned Magistrate, has completed within a period of two months as to the physical and mental ability of the petitioner herein and they completed in hasty manner," it was argued.It was submitted that since the petitioner was apprehended in June 2022, the enquiry was required to be completed by September 2022. However, as per the proceedings dated September 28, 2022, the assessment was concluded in just one day, indicating that it was done in a hasty manner.The counsel for the petitioner pointed out that the Magistrate disagreed with the findings of the Board Member who stated that the juvenile did not have legal education, and thus, were unable to understand the legal consequences.The counsel further argued that as per Rule 10(5) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, the Child Welfare Police Officer is required to produce witness statements and other documents prepared during the course of investigation within one month from the date of the child's first production before the Board. However, in the present case, no such documents were handed over to the juvenile, the counsel submitted.Furthermore, the counsel for the petitioner contended that the Magistrate should have considered the denial of adequate opportunity for the juvenile, given that the required documents were not supplied to him.The counsel for petitioner also argued that guidelines given by Apex Court in Barun Chandra Thakur v. Master Bholu and another were not followed by the Magistrate.On the other hand, the prosecutor argued that the juveniles had participated in the criminal enquiry, and no request had been made for the production of those documents.After hearing the parties, the court said that the Magistrate had not provided proper reasons for how she came to the opinion that the juvenile had the mental and physical capacity to understand the consequences of their acts.In light of the above, the court remanded the matter to the V Additional Chief Metropolitan Magistrate-cum- Principal Magistrate of Juvenile Justice Board for conducting enquiry afresh as contemplated under Rule 10(5) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and for passing orders afresh.Case Title- MK v. State of TelanganaCitation: 2023 LiveLaw (Tel) 14Click Here To Download Judgment

Hyderabad Gang Rape: Telangana High Court Sets Aside Magistrate's Decision To Try Juvenile As Adult, Says Entire Assessment Done In One Day

Aiman J. Chishti

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