HYDERABAD: Justice G Anupama Chakravarthy of Telangana High Court on Tuesday directed the 5th Additional Chief Metropolitan Magistrate-cum-Principal Magistrate of the Juvenile Justice Board to conduct a fresh preliminary inquiry and determine afresh whether the five minor accused in the sensational Jubilee Hills gangrape case should be tried as majors.
Setting aside the orders of the Magistrate as well as the Appellate Court, Justice Chakravarthy said that the copies of documents should be given to the appellants by May 3, 2023, as per rules. The judge was hearing a plea challenging the orders of the special judge for trial of POCSO cases-cum-XII Additional Metropolitan Sessions Judge dated September 30, 2022, as well as the 5th Additional Chief Metropolitan Magistrate Court-cum-Principal Magistrate of Juvenile Justice Board, treating the juvenile accused in the case as adults.
Senior counsel appearing for the appellants told the court that there were deviations in the orders of the magistrate and the JJB member. The senior counsel also said that the accused, parent, or guardian was not provided with the documents required by the Act and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
Furthermore, he reminded that after the petitioner was detained by the police on June 4, 2022, the preliminary evaluation report was hastily completed in one day. “In response to the Supreme Court judgement, in which it categorically issued the guidelines to be followed by the JJB as well as the committee and the court in light of the various crimes committed by juveniles, the orders of the Supreme Court were not properly complied with by the courts and despite specific instructions to the juvenile courts,” the senior counsel said.
The senior counsel also argued that the Magistrate’s order makes it abundantly clear that the board member submitted a preliminary assessment report on September 28, 2022, concurring with the psychiatrist’s assessment that the juvenile accused possessed mental and physical capacity but deferring on the issue of their ability to comprehend the legal ramifications of their actions.
The magistrate further noted that the child accused may have been drawn in by the victim’s friendly demeanour and that since they lack legal education, they are unable to comprehend the ramifications of their actions, Senior counsel for the petitioners said. He argued that the magistrate, board member, and psychiatrist must all reach a consensus about the physical and mental capabilities of the child accused within three months. However, the Board, which included the Magistrate, sent its report within two months, he said.
Senior counsel argued that because the petitioner was detained on June 4, 2022, the investigation had to be completed by September 4, 2022, but according to the proceedings from September 28, 2022, the evaluation was done in one day, indicating that it was performed in a hurry. Consequently, he requested a reversal of the decisions made in both the lower court and the appeal.
The Assistant Public Prosecutor, on the other hand, argued that under Cr.PC, there is no requirement for the board to provide copies of all documents to the petitioner and all other accused parties, and that participation by the juvenile alone was sufficient up until and unless juveniles request copies of the documents.
Hearing the arguments raised by senior counsel representing the petitioner and the APP, it is clear that the entire assessment was completed in a single day, the judge opined. The Magistrate also deferred to the board member’s findings and came to the conclusion that the CCLs are of sound mind and body and can be tried as adults based on her interactions with them, the orders said.