Porsche crash: Juvenile Justice Board rejects Pune police's plea to try teenage driver as adult
The JJB relied on a Supreme Court ruling of Jan 9, 2020, while observing that the offence attributed to the minor in this instance cannot be considered "heinous" within the meaning of the Juvenile Justice (Care & Protection) Act, to merit his trial as an adult.
Pune police commissioner Amitesh Kumar, who was pushing for the teenager's trial as an adult, told TOI: "We will take a call on filing an appeal before a sessions court after we go through the JJB's order in detail."
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Investigating officer ACP (crime) Ganesh Ingale said, "We expect to get a full text of the JJB's order in due course of time."
The teenager, who was released from an observation home after the Bombay high court on June 25, 2024, said that his continuation there was illegal, will face trial relating to the crash before the JJB and not before a sessions court.
Two young software engineers were killed when the 17-year-old son of a prominent city builder rammed their bike from behind at Kalyaninagar junction around 2.30am on May 19, 2024, while driving the high-end car back to his bungalow at Wadgaon Sheri after late-night partying with friends at a couple of pubs in Mundhwa.
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The teenager's father and mother, along with eight others, including two senior Sassoon General Hospital doctors (both now suspended), are being tried in a sessions court relating to the manipulation of blood alcohol tests of the teenage driver and two minors who accompanied him in the car.
The JJB's order rejecting the police plea comes more than a year after the accident that created a country-wide sensation over its decision to release the teenager on bail against conditions, including writing a 300-word essay on traffic discipline.
The state and the defence lawyers concluded on June 22 their respective arguments over the police plea, and the JJB reserved its final order.
Special public prosecutor Shishir Hiray told TOI: "We will consult senior officials from Pune police and the state law and judiciary department in Mumbai regarding the observations made by the JJB before we take a call on filing an appeal."
Lawyer Prashant Patil, who represented the teenager, said, "We argued, among other things, that the offences attributed to the minor could not be termed 'heinous' in nature considering the SC ruling in the case of xxx (minor's name withheld) vs state of NCT of Delhi.
The apex court held in that case that offences prescribing a maximum sentence of more than seven years but not providing any minimum sentence or providing a minimum sentence of less than seven years, cannot be considered to be 'heinous offence' within the meaning of section 2 (33) of the JJ Act.
The JJB accepted our argument."
In this case, the teenage driver was charged under sections 304 (culpable homicide not amounting to murder) and 467 (forgery) of the Indian Penal Code.
Patil argued that neither of these sections provide for a minimum sentence like the one defined by the SC, to qualify as a "heinous" offence and trial as an adult in the context of the JJ Act.
Patil said, "We also brought to the JJB's notice that criminal intention and knowledge, which are key ingredients to attract culpable homicide and forgery charges, were missing in this case. The child has no prior criminal record, and the fatal crash, though unfortunate, arose out of a moment of poor judgment."
On its part, the prosecution argued that the teenage driver be tried as an adult as he was driving the car under the influence of alcohol and was well aware of the consequences of serious crimes like culpable homicide.
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