Pune Porsche crash driver accused to be tried as juvenile: JJB

The incident, which hit national headlines, took place in Kalyaninagar area of the city on May 19 last year, resulting in the deaths of motorcycle-borne IT professionals Anish Awadhiya and his friend Ashwini Costa

The Juvenile Justice Board (JJB) on Tuesday rejected a plea by the Pune police to try the main accused in the Porsche car case, in which two people died last year, as an adult, saying that the offence does not fall under the category of a “heinous offence” as defined by the Juvenile Justice (Care and Protection of Children) Act.

Pune Porsche crash driver accused to be tried as juvenile: JJB

The incident, which hit national headlines, took place in Kalyaninagar area of the city on May 19 last year, resulting in the deaths of motorcycle-borne IT professionals Anish Awadhiya and his friend Ashwini Costa. The accused was four months short of his 18th birthday.

The Pune police 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.

On Tuesday, the Juvenile Justice Board rejected the police’s plea to treat the accused boy as an adult for the trial, defence counsel Prashant Patil said.

The JJB, while dismissing the police’s review petition filed under Section 104 of the JJ Act, cited a Supreme Court judgment that clarifies the legal interpretation of “heinous offence”. The top court held that if an offence carries a maximum sentence of over seven years but no minimum sentence, or a minimum sentence of less than seven years, it cannot be considered “heinous” under Section 2(33) of the Act.

“We argued that the charges invoked do not qualify as heinous under the JJ Act. The JJB has accepted our submission in line with the Supreme Court’s interpretation,” said Patil, the lawyer of the accused.

Senior lawyer Shishir Hiray, special public prosecutor (SPP) in the case, said, “The JJB has rejected the police plea for trying the accused as an adult. We will study the judgment and take appropriate action which includes whether to approach the higher court or otherwise.”

The lenient bail terms, including asking him to write a 300-word essay on road safety, triggered a nationwide firestorm, 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.

Arguments have been underway for framing charges against 10 other accused in the case before a sessions court in Pune.

The accused include the teenager’s father and mother.

Public outrage and political pressure prompted the police last year to seek a review of the order and demand that the accused be tried as an adult, especially since he was allegedly under the influence of alcohol and driving without a licence at the time of the crash.

A case was registered against the minor under IPC Section 304 (culpable homicide not amounting to murder) and relevant sections of the Motor Vehicles Act.

According to the police, the incident occurred around 3.15am when the accused along with friends was returning home from a party in the car. The luxury car rammed into a motorbike at the Kalyaninagar junction, killing the two riders instantly.

The accused continues to remain on bail.