Video: Special Public Prosecutor Shishir Hiray Explains Why JJB Rejected Plea To Try Teen As Adult In Pune Porsche Case
Over a year after the deadly Porsche accident, the Juvenile Justice Board (JJB) on Tuesday dismissed the Pune Police's plea to try the 17-year-old accused as an adult.
Last year, the teen was initially granted bail by the Juvenile Justice Court just hours after the fatal crash, on notably lenient terms that included writing a 300-word essay on road safety — a decision that sparked widespread public outrage. Although he was later sent to an observation home, the Bombay High Court ruled the remand unlawful and ordered his release, emphasising strict adherence to juvenile law.
Here' Why JJB Rejected Plea To Try Teen As Adult In Pune Porsche Case
Special Public Prosecutor Shishir Hiray spoke with the Free Press Journal and explained the JJB's verdict.
"The JJB has passed an order and decided, as per Section 33(2) of the Juvenile Justice Act, that the activity of this particular boy does not fall under the category of a heinous offence. The court has stated that the juvenile has been charged under a serious offence, and considering the act itself—wherein Section 2(33) defines a heinous offence as one where the minimum punishment is not less than seven years—it does not qualify as heinous," he explained.
"Considering the definition given under Section 2(54) of the same Act, the given offence is classified as serious. Although, according to the prosecution, it is absolutely a heinous offence, one by which the magnitude of the entire society and judicial system has been shattered," Hiray noted.
He also said that the court has considered the judgment in the Shilpa Mittal case and, after reviewing all aspects and the record, has come to the conclusion that it is not a heinous offence. Therefore, the juvenile cannot be transferred to the regular trial system and will be tried before the Honourable JJ Board itself, he added.
"We are currently in the process of examining the particular order. We have also had deliberations with the prosecuting agency, which is Pune Police. After discussions with the Law and Judiciary Department of the Government of Maharashtra and the prosecuting agencies, we are considering filing an appropriate appeal in court. I am strongly thinking about that particular issue. However, one fact I realise as a lawyer—not particularly as a prosecutor—is that the definition and sections concerning heinous offences are not digestible in my own view. Section 2(33) needs to be revitalised on that particular aspect. I may agitate the issue in a higher court," he said as he summed up.
Review petition by Pune Police
In response to widespread public anger over the minor’s bail, police filed a review plea before the Juvenile Justice Board (JJB), urging that the teen be tried as an adult under Section 304 of the IPC, among other charges. This section deals with culpable homicide not amounting to murder and carries a maximum sentence of 10 years in prison.
The Juvenile Justice (Care and Protection of Children) Act was revised in 2015, following the national outrage sparked by the 2012 Nirbhaya case. The amendment enables the JJB to evaluate whether individuals aged 16 or above, involved in grave offences, should be prosecuted as adults depending on the nature and gravity of the act.
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