Hyderabad Police Consider Adult Trial for Juveniles in Gang Rape Case
In a significant development, the Narsingi police in Hyderabad are actively examining the possibility of prosecuting juvenile offenders as adults in the gang rape case of a 16-year-old girl. This move comes as authorities grapple with the legal complexities surrounding the ages of the accused, with one suspect aged 24 and another, based on his Aadhaar card, reportedly 17 years old. A third juvenile remains at large, prompting a police manhunt to apprehend him.
Precedents in Telangana for Trying Juveniles as Adults
The consideration to try juveniles as adults in heinous crimes is not without precedent in Telangana. In 2019, a 17-year-old was sentenced to life imprisonment by a Hyderabad court after being tried as an adult in a sodomy and murder case involving a 10-year-old boy. More recently, in 2022, the prosecution in the Jubilee Hills gang rape case, which involved a 17-year-old girl, sought to try four juveniles as adults, with the matter currently pending before a local trial court.
Drawing on these cases, Narsingi police are evaluating the feasibility of approaching the juvenile court to request that the accused in the current rape case be tried as adults. Under the Juvenile Justice Act, 2015, offences carrying a minimum punishment of seven years or more are classified as heinous, which includes gang rape.
Challenges in Age Verification and Legal Procedures
An investigator involved in the case stated, "Since all three accused, including the two juveniles, were booked for the heinous offence of gang rape, we must determine if they are above 16 years old to request the juvenile court try them as adults after filing a charge sheet." However, age verification poses a challenge: the arrested juvenile's Aadhaar card indicates he is 17, but this document is not considered valid proof of age.
A police source explained, "The juvenile accused lacks school education, ruling out a school bonafide certificate, which is a valid document. Currently, a birth certificate is also unavailable. Therefore, we will conduct an age determination test, such as an ossification test, to ascertain his exact age."
Manhunt for Third Accused and Legal Implications
Regarding the third accused, who is still evading capture, the other two suspects only provided his name and that he resides in the Talabkatta area, without details of his family or exact address. A police team is verifying information with local residents to trace him. Upon arrest, authorities will verify his age documents and, if he is found to be above 16 years, will similarly request the court to try him as an adult.
The legal stakes are high: if a juvenile is tried as an adult, the maximum penalty for gang rape is life imprisonment. In contrast, if tried as a juvenile, the maximum punishment is up to three years. This disparity underscores the gravity of the police's considerations in this case.
This investigation highlights ongoing efforts to balance justice with legal provisions for juvenile offenders in serious crimes, as Hyderabad authorities navigate complex age verification and precedent-based strategies.
