The Juvenile Justice Board (JJB) on Tuesday said the 17-year-old accused of the 2024 Porsche car crash in Pune, who was driving in an inebriated state and mowed down two persons, will be tried as a juvenile.
Considering the gravity of the crime, the Pune police had last year sought that the accused be tried as an adult, saying he committed a 'heinous' act as not only were two persons crushed to death, but there were also attempts to tamper with the evidence. However, on Tuesday, the JJB rejected the police's plea.
On May 19, 2024, the incident in the Kalyani Nagar area, which led to the deaths of motorcycle-borne IT professionals Anish Awadhiya and his friend Ashwini Costa, hit national headlines.
According to a report by Hindustan Times, during the hearing, Special Public Prosecutor Shishir Hiray argued that the 17-year-old, referred to as Child in Conflict with Law (CCL), was driving under the influence of alcohol and has been booked under Indian Penal Code (IPS) Section 304 (culpable homicide not amounting to murder) and Section 467 (forgery) for alleged tampering of blood samples.
"Both offences are punishable by over 10 years and are categorised as heinous under the Juvenile Justice Act. The CCL knows the consequences and must face trial as an adult", Hiray had told the board.
Opposing the plea, Defence lawyer Prashant Patil reportedly stated that the JJ Act was intended for rehabilitation and reform. He cited a Supreme Court judgment to argue that the charges do not necessarily qualify as ‘heinous’ under the Act.
“The board must consider the child’s potential for reform. Trying him as an adult would go against the spirit of juvenile justice,” he said.
The Case So Far
The accused teenager got bail hours after the accident on May 19 last year. The lenient bail terms asked the minor to write a 300-word essay on road safety, which sparked a massive row, following which he was sent to an observation home in Pune city three days later.
On June 25, 2024, the Bombay High Court directed that the boy be released immediately, saying the Juvenile Justice Board’s orders remanding him to an observation home were illegal and the law regarding juveniles must be implemented fully.
The teenager’s mother was arrested in June last year after she was accused of attempting to shield her son by swapping her blood sample with his to conceal alcohol consumption at the time of the accident, and paid 3 lakh rupees for the same. The Supreme Court granted her interim bail in April.
