Pune Porsche Case: Drunk Teen Escapes Adult Trial. What Happened In Court?
The main accused in the Pune Porsche crash case - 17 years old and drunk when he rammed his father's Rs 2.5 crore electric supercar into a motorcyle, and killed two people, last year - escaped trial as an adult because the charges he faces do not attract minimum jail terms of seven years or more.
That, the Juvenile Justice Board ruled Tuesday, is the threshold beyond which a minor - a 'Child in Conflict with the Law' - can be accused of committing a "heinous offence" and be tried as an adult.
The boy - the son of a prominent Pune realtor who was also arrested, as was the boy's mother, for tampering with evidence - was booked under multiple sections of the Indian Penal Code.
These include Section 304 (culpable homicide not amounting to murder), and also faces charges under the Prevention of Corruption Act and sections of the Motor Vehicles Act.
However, the Board concluded that none of these charges, individually or collectively, fulfill the critera to declare his crimes a "heinous" offence under the Juvenile Justice Act, and said "... the preliminary assessment under Section 15 - for declaring the child to be tried as an adult - is not maintainable".
What The Prosecution Said
Special Public Prosecutor Shishir Hiray pointed to the gruesome nature of the incident - the boy drove the supercar at nearly 180 km per hour into the two-wheeler - and argued he (and his family) knew the consequences since they influenced the police and tampered with evidence.
The Porsche electric supercar driven by the teen belonged to his father.
These acts, he said, displayed "maturity" and "criminal intent", and attempts to manipulate the legal system. A "strong message" should be sent to others contemplating similar actions, he argued..
What The Defence Said
Appearing for the minor, Prashant Patil pointed to the Supreme Court's ruling in a 2020 case that specified the seven-year jail term threshold to identify "heinous" crimes.
Since none of the charges invoked in this case prescribe that level of punishment, the offences fall under the "serious" category, under which a minor accused cannot be seen as an adult.
Mr Patil also pointed out the focus of the Juvenile Justice Act is reformative and not punitive, and that psychological assessments showed no signs of criminal tendencies in the boy.
He said pushing the accused into the the adult criminal justice system would risk permanently damaging any prospects for his rehabilitation.
What The Juvenile Board Said
The Board - which came under heavy fire last year after giving the boy bail within 15 hours of the accident, on conditions as flimsy as 'write a 300-word essay on road accidents' - acknowledged Mr Patil's argument and the precedent set by the Supreme Court in refusing the prosecution.
What Next In Pune Porsche Case
The accused will continue, for now, to be treated as a minor.
CCTV footage from a Pune bar showed the minor accused drinking alcohol.
However, sources told NDTV the prosecution will pursue this point and is likely to challenge the Board's order in a higher court, possibly the Bombay High Court.
What Crash Victims' Family Said
Meanwhile, Suresh Koshta, the father of Ashwini Koshta, one of the two people killed told NDTV the decision was another example of how money and power subvert the delivery of justice.
"(From the) beginning the whole country pointed fingers at the functioning of the Juvenile Justice Board. A person who was drinking... driving a car... how can he be considered a 'juvenile'?"
READ | "Rich People": Pune Porsche Victim's Father On Accused's 'Juvenile' Tag
"I think there should have been no question about treating him as an adult," he said.
Om Prakash Awadhiya, the father of Aneesh Awadhiya, the other person who was killed, said "it (the Board's questionable decision) was clear from the beginning what we would get".
"This entire year has been painful for me, my wife, and our whole family. Not a single day goes by without us remembering him and cherishing his beautiful memories. After Anish's tragic death, our world has come crashing down," Mr Awadhiya, who lives in Madhya Pradesh, said.
Pune Porsche Car Crash Case
The main accused - the 17-year-old boy - out 'celebrating' exam results by heavy underage drinking at a city bar. He reportedly ran up a bill of Rs 48,000 in just 90 minutes.
The bar has since been shut down and its owners and staff also arrested.
At the time of the incident the boy was four months short of the legal age for driving and eight years shy of Maharashtra's legal drinking age, which is 25.
The police's handling of the case has also been questioned; the first cops on the scene have been accused of deliberately mishandling critical evidence to ensure the boy's release.
READ | Big Twist In Pune Porsche Crash: Cops To Probe Cops In Burger Row
This included feeding him burgers after the crash to hide or dilute the alcohol in his bloodstream. They reportedly also did not alert their superiors, as required by law.
READ | How Doctors Tried To Save Pune Porsche Crash Accused: New Revelations
There were also questions asked of the medical professionals involved, including doctors tasked with extracting and securing samples from the accused to test for blood alcohol levels.
It transpired the samples had been replaced with those of his mother - who was arrested and then released in April - in a crude attempt to conceal the fact he was driving while drunk.
Who Is In Jail, Who Is Not
At present the boy's father, doctors Ajay Taware and Shrihari Halnor, hospital employee Atul Ghatkamble, and two middlemen are in jail in connection with this case.
The boy remains with his family.
NDTV is now available on WhatsApp channels. Click on the link to get all the latest updates from NDTV on your chat.
Trending News