Jubilee Hills Minor Gangrape Case Accused Undergo Potency Test

Hyderabad: One of the accused in the Jubilee Hills gangrape case is likely to undergo the potency test today and four others underwent the test on Saturday, while one more minor, who is accused of outraging the modesty of the girl, will not undergo the test as he is not an accused in the May 28 gangrape case which triggered national outrage. 

The potency test was conducted at the Forensic Science department of Osmania General Hospital while the test room was surrounded by the policemen. 

Meanwhile, the four-day police custody of the accused and only major Saduddin Malik is set to expire on Sunday. Malik and four other minors have been booked under IPC’s Sections 376 D (gang rape), 323 (causing hurt), Section 5 (G) (gang penetrative sexual assault on child) read with Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 366 (kidnapping a woman) and 366 A (procuration of a minor girl) and Section 67 of Information Technology Act.

While the sixth accused, who is also a minor and has been accused of outraging the modesty of the girl, is booked under IPC Section 354 (assault or criminal force to woman with intent to outrage her modesty), 323 and Section 9 (G) read with 10 of POCSO Act.

POSCO vs Juvenile Justice Act

While the Protection of Children from Sexual Offences (POCSO) Act meant to protect children aged below 18 years from various sexual offenses, the original Juvenile Justice (JJ) Act states that no children, irrespective of the crime committed by them, can be awarded a punishment of more than 3 years’ imprisonment.

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However, the Juvenile Justice (Care and Protection of Children) Amendment Act, 2015 introduced a provision for treating individuals aged 16-18 years as adults if they commit a heinous crime. However, whether to treat a person as an adult or not is decided by the Juvenile Justice Board (JJB).