Hyderabad: In the gruesome case of kidnapping and gang rape of a 16-year-old girl, the Narsingi police are now reportedly examining the legal possibility of trying the two arrested juvenile offenders as adults.
The investigation has also revealed that one of the adult accused has a long criminal history, with eight previous cases registered against him.
Series of events
The case came to light on Tuesday, February 17, following a complaint lodged by the victim’s mother. She stated that her daughter, who resided with her grandmother for her studies, had left for school at about 8:30 am on February 16 but did not return home.
After the family’s frantic search efforts failed, they approached the police, who registered an FIR and launched a manhunt.
The police successfully traced and rescued the girl on the morning of February 18 from a double-bedroom housing complex.
According to police investigations, the incident began as a chance meeting. On February 7, the minor victim had visited the Charminar area for shopping, where she became acquainted with a 16-year-old boy from Talab Katta. The two subsequently remained in contact over the phone.
On February 16, she went to Madina to meet him without informing her family. The police said that later that night, the situation took a horrific turn when the boy, along with two friends—identified as Imran, aged 24 and another minor—took her in an auto-rickshaw.
The accused then threatened her with a knife, forced her to consume alcohol, and sexually assaulted her.
On Wednesday, February 18, the police apprehended Imran and the 17-year-old boy who had lured the victim. After collecting evidence, the two were produced before the court.
Third minor accused remains at large
A third minor accused involved in the offence remains at large, and a police team has launched a manhunt to trace him in the Talabkatta area.
Previous criminal record
A background check on the adult accused, Imran, revealed an elaborate history of crime. Police records show he was involved in eight previous cases, including robbery, theft, and bodily offences, registered at various police stations.
A suspect sheet was also being maintained against him at the Rein Bazar Police station.
Trying juveniles as adults
The focus of the investigation has now shifted to the legal course of action against the two juveniles in custody. One of the arrested accused is 24 years old, while the second, according to his Aadhaar card, is 17 years old. The third absconding accused is also believed to be a minor.
The Narsingi police are examining precedents where juveniles aged above 16 have been tried as adults in heinous crimes under the provisions of the Juvenile Justice (JJ) Act, 2015.
Under this act, offences for which the minimum punishment is imprisonment for seven years or more are classified as “heinous.” Since the three accused have been booked for gang rape, which falls under this category, the police are building a case to have the juveniles tried as adults.
Not unprecedented in Telangana
This course of action is not unprecedented in Telangana. In 2019, a 17-year-old was awarded a life sentence by a local court in Hyderabad after being tried as an adult in a sodomy and murder case involving a 10-year-old boy.
More recently, in 2022, in a gang rape case involving a 17-year-old girl in Jubilee Hills, the prosecution sought to try four juveniles as adults, a matter currently pending before the local trial court.
“Since all three accused in the case, including the two juveniles, were booked for committing the heinous offence of gang rape, we will now have to determine whether their age is above 16 years so that we can request the juvenile court to try them as adults after filing a charge sheet,” an investigator told TOI.
The challenge of age verification
While the Aadhaar card of the arrested juvenile shows he is 17, the police noted that Aadhaar is not considered a valid proof of age for legal proceedings.
“The juvenile accused does not have any school education, so a school bona fide certificate, which is a valid document, is ruled out. At present, a birth certificate is also not available. Therefore, we will have to conduct an age determination test (ossification test),” a police source told TOI.
The same verification process will be applied to the third accused once he is apprehended. If he is also found to be above 16 years of age, the police will request the court to try him as an adult as well.
Regarding the third accused, the other two knew only his name and that he resided in the Talabkatta area. They did not know the details of his family or his exact house address. A police team is verifying details with local residents to trace him.
A stark difference in punishment
The distinction in trial carries immense weight regarding the potential punishment. If the juveniles are tried as adults and convicted, the maximum penalty for gang rape is life imprisonment.
However, if they are tried within the juvenile justice system, the maximum punishment for gang rape is limited to three years in a special home.
