Hyderabad Gangrape Case: Legal Delays Stall Trial Amid Juvenile Appeals
In Hyderabad, the trial for the alleged gangrape of a 17-year-old girl in 2022 has yet to commence against the main accused, as prosecutorial efforts to try four juveniles as adults remain entangled in judicial scrutiny. The case, which has drawn significant attention, highlights ongoing legal complexities in handling minors involved in serious crimes.
Chargesheet and Initial Proceedings
Following the incident reported on May 31, 2022, the Jubilee Hills police filed a chargesheet on July 28, 2022, against six individuals: five minors and one adult. The charges were presented in two separate courts to address the different legal statuses of the accused.
On September 30, 2022, the fifth additional metropolitan magistrate court-cum-principal magistrate of the juvenile justice board in Hyderabad observed that the four juveniles in question possessed the mental and physical capacity to understand the consequences of their alleged actions. Consequently, the case was transferred to the XII additional metropolitan sessions judge in Nampally for prosecution under the Protection of Children from Sexual Offences (POCSO) Act.
Appeals and High Court Intervention
The juveniles appealed this decision on March 31, 2023, but the Nampally court dismissed their appeal. They subsequently took the matter to the Telangana High Court. After hearing arguments from both the public prosecutor and the petitioners' counsel, the High Court set aside the previous orders on April 24, 2023. It mandated a fresh inquiry in accordance with the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, and directed the issuance of new orders.
Ongoing Legal Battles
As per the High Court's directives, the juvenile court conducted a renewed inquiry and, in January 2024, issued a similar order stating that the four juveniles could be tried as adults. This led to the case being transferred once again to the special court for POCSO cases. However, the juveniles have challenged this order, and their appeals are currently being heard, further delaying the trial.
Meanwhile, the same court is hearing arguments on the charges against the sole adult accused under the Indian Penal Code (IPC), POCSO Act, and Information Technology (IT) Act. Once these arguments conclude, the court will frame charges, and the trial is expected to begin. In contrast, trial proceedings have already commenced against the sixth accused, the son of a Member of the Legislative Assembly (MLA), in the juvenile court, as he faces only molestation charges.
Details of the Alleged Incident
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. During the journey, some of the minors, including the MLA's son, are accused of molesting the girl. The legislator's son then left the group. The remaining accused drove to an isolated spot on Road No. 44 in Jubilee Hills, where they allegedly took turns raping the survivor in a parked car. Based on a complaint filed by her father, the Jubilee Hills police registered a gangrape case on May 31, 2022.
This case underscores the challenges in balancing juvenile justice with the severity of crimes, as legal processes continue to unfold amidst appeals and procedural hurdles.
