6 days ago
Pune police challenge JJB order rejecting their plea to try minor driver in Porsche crash as adult
The Pune City Police have appealed against the Juvenile Justice Board's (JJB) July 15 order that rejected their plea to try the minor accused as an adult in last year's Porsche crash case, in which two software engineers were killed in the city.
Adv Sarthi Pansare, who is assisting Special Public Prosecutor Shishir Hiray, said, 'We have challenged the JJB order under section 101 of the Juvenile Justice Act, which pertains to appeals under the law.'
The prosecution had argued that the accused in the Pune Porsche case had committed a 'heinous offence', was driving the car after consuming liquor despite knowing its consequences, he was also part of a blood-swap cover-up conspiracy in which the minor's blood was replaced with his mother's.
The defence had opposed the application, arguing that the offence cannot be legally termed 'heinous' and that the object of the Juvenile Justice Act was 'reformative' and not 'punitive'.
In the early hours of May 19 last year, the then 17-year-old boy was allegedly driving a Porsche Taycan at a very high speed while being intoxicated, and the car crashed into a motorbike, killing two software engineers— Aneesh Awadhiya and Ashwini Koshta. What police investigation unravelled was alleged cover-ups, bribery, abuse of power, and tampering with blood samples at the government-run Sassoon General Hospital.
It can be recalled that after the accident, the minor driver was detained and produced before the JJB the same afternoon. The police sought his custody in an observation home and requested he be tried as an adult, but the JJB rejected both pleas and granted him bail with conditions, including writing an essay, studying traffic norms, and undergoing de-addiction counselling.
Amid public outcry, the police challenged the order in the district court, which sent the matter back to the JJB. On May 22 last year, the JJB remanded the minor to an observation home until June, with psychological and de-addiction counselling included in his rehabilitation. His initial remand ended on June 5 and was extended to June 12.
The police then sought another 14-day extension, while the defence requested his release. After hearing both sides, the JJB extended the remand to June 25. However, the Bombay High Court, responding to a habeas corpus plea from his aunt, ruled the remand illegal and ordered the minor's release into her care.
The boy turned 18 in the latter half of 2024.
After the July 15 ruling of the JJB, Special Public Prosecutor Hiray has said there is a need for a national-level debate on what constitutes a heinous crime under the provisions of the JJ Act and provisions surrounding this aspect.
