Pune Porsche case: Juvenile Justice Board rejects police plea, 17-year-old accused to be tried as minor
Two software engineers, Aneesh Awadhiya and Ashwini Koshta, both aged 24 and hailing from Madhya Pradesh, were killed after the speeding Porsche, allegedly driven by a 17-year-old boy in an inebriated state, hit their motorcycle around 2.30 am on May 19, 2024.
On the same day, an FIR was lodged against the minor at the Yerwada police station. Subsequently, citing sections of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Pune city police filed an application before the JJB, seeking that the child in conflict with law (CCL) be tried as an adult in this case.
A senior police officer confirmed that the JJB passed an order in favour of the CCL.
The prosecution had argued that the CCL had committed a 'heinous offence' and was driving the Porsche car after consuming liquor despite knowing its consequences
The defence lawyer opposed the application, saying the present offence cannot be legally termed 'heinous', and also argued that the object of the Act is 'reformative' and not 'punitive'.
Earlier, when the police had detained the minor and produced him before the JJB on May 19, 2024 he was granted bail on the conditions that he would 'write an essay of 300 words' on 'topic in effect of road accidents and their solutions', assist RTO officers and practice and study traffic rules for 15 days.
But, following a public uproar, the minor was sent to an observation home on May 22, 2024. The police submitted applications at the JJB on May 21 and May 22 for trying the CCL as an adult.
The minor's paternal aunt had then moved a plea before the high court and sought his release, claiming that as per the Juvenile Justice (Care and Protection of Children) Act 2015, it needs to be ensured that any conflict with the law does not result in him turning into a hardened criminal. On June 25, the high court ordered the minor's release and that he be handed over into the care of his paternal aunt. Subsequently, the minor was released from the observation home.
Meanwhile, the police investigation had revealed that when the minor, who is the son of a prominent realtor, was taken to the government-run Sassoon Hospital after the accident for a medical examination, his blood sample was allegedly replaced with his mother's.
A police probe also confirmed that blood samples of the two friends of the minor driver, who were in the Porsche at the time of the accident, were also swapped at Sassoon Hospital.
The police have arrested and charged 10 people, including the minor's parents; Dr Ajay Taware, the then head of the forensic medicine department of Sassoon Hospital; Dr Shrihari Halnor, the casualty medical officer at the time; Atul Ghatkamble, a morgue staff; and others. They are booked under various sections of the Indian Penal Code, the Motor Vehicles Act, and the Prevention of Corruption Act.
Special Public Prosecutor Shishir Hiray had argued at the JJB that the minor had been booked under IPC sections 467 (forgery) and 304 (culpable homicide not amounting to murder), which attract punishment of life imprisonment or imprisonment for up to 10 years. 'So he has committed a 'heinous offence' as per section 2 (33) of JJ Act, which says that offences having punishment of imprisonment for seven years or more are 'heinous',' Hiray had argued.
Defence lawyer Prashant Patil had submitted before the JJB that the CCL has no prior criminal record and the Porsche crash incident, though unfortunate, arose out of a moment of poor judgement, not criminal intention.
Citing a Supreme Court judgement in Shilpa Mittal versus State of Delhi case, Patil had claimed that the present offence may not legally qualify as 'heinous' and hence Section (15) of the Juvenile Justice (Care and Protection of Children) Act should not be invoked in this case.
Patil had also submitted that as per section 2 (12) of the Act, any person below the age of 18 years is considered a child. Patil argued that the goal of juvenile justice was to 'rehabilitate' and not to punish the minor in the same way as adults.
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