The accused are free to approach the high court against the order, the board further said.
“I’m of the opinion that the CCLs (children in conflict with law) have mental and physical capacity, and also understand the consequences of the offence. They (the accused) were not under the influence of alcohol or other substance. There were no compelling circumstances under which the CCLs allegedly committed the offence,” states the order issued by the fifth additional chief metropolitan magistrate cum principal magistrate of the board.
On May 28, the six accused, including five minors, allegedly picked up the 17-year-old survivor from a pub in Jubilee Hills and visited a bakery in Banjara Hills.
En route, some of the minors, including the MLA’s son, allegedly molested her. The MLA’s son then left the group. The remaining accused drove to an isolated spot in Jubilee Hills and allegedly took turns raping the survivor in the parked car.
The forensic team found DNA of the accused in samples taken from the car. In its final report submitted about two months ago, the police charged five accused with assault, kidnapping and gang-rape, invoking the Pocso Act and the IT Act. Of the accused – all from influential families of Hyderabad and currently out on bail – four were 16 at the time while one was 17. The sixth accused was 18.