The Pune police on Tuesday have filed a petition in a sessions court, opposing the Juvenile Justice Board’s (JJB) refusal to try a 17-year-old accused as an adult in the deadly Porsche car crash case.
The teenager, whose father is a prominent real estate developer, is accused of driving the luxury Porsche in an intoxicated state and fatally hitting 2 IT professionals, Anish Awadhiya and Ashwini Costa, on motorcycles in Pune’s Kalyani Nagar area last May. The incident garnered widespread media attention nationwide.
Last month, the JJB rejected the police’s request to treat the juvenile as an adult, ruling that the crime did not meet the threshold of a “heinous offence” as per the Juvenile Justice Act.
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According to a crime branch officer, following permission from the district collector, Pune police approached the sessions court on August 4 to challenge the JJB’s decision.
Advocate Sarthi Pansare, assisting Special Public Prosecutor Shishir Hiray, stated that the prosecution argued the accused was fully aware of the consequences of drunk driving. “We have requested a psychological assessment of the juvenile, which can only be conducted if he is classified as an adult for this case. We maintain this is an exceptional situation requiring adult trial,” Pansare explained.
On the other side, defense lawyer Prashant Patil cited the Supreme Court’s ruling in the Shilpa Mittal vs State case, which clarifies the criteria for heinous crimes. Patil stressed that the prosecution’s plea contradicts the apex court’s binding guidelines and therefore is not maintainable.
He added that to classify a crime as heinous, the penal code section involved must prescribe a minimum punishment of seven years or more.
The JJB’s order noted that the accused should not undergo the preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, as such assessments apply only to heinous offences.
The teenager was granted bail just hours after the tragic accident on May 19, 2023. The leniency of bail conditions— which included writing a 300-word essay on road safety—sparked a nationwide uproar. Three days later, he was placed in a Pune observation home.
However, on June 25, 2023, the Bombay High Court ordered his immediate release, declaring the Juvenile Justice Board’s decision to remand him illegal and emphasizing the strict application of juvenile laws.
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