Pune Porsche Car Accident Case: Juvenile Justice Board Denies Plea To Try Accused As An Adult

In a development in the Pune Porsche accident case, a Juvenile Justice Board (JJB) on Tuesday rejected an application filed by the Pune Police, which sought the board's permission to try the minor accused, who was driving the vehicle, as an adult in the case. 

Confirming the development, special public prosecutor Shishir Hiray told Live Law, "We had filed an application to try the minor boy as an adult in the trial citing that he killed two people by driving his car recklessly and under the influence of alcohol. We highlighted the fact that this is a serious and a sensitive case. However, the JJB today rejected our application. We are yet to know the reasoning of the JJB for rejecting our application."

A detailed copy of the JJB's order is yet to be made available. 

As per the prosecution's case, in the early hours of May 19, 2024, a Porsche car driven by a minor aged 17 years and 8 months, who was allegedly under the influence of alcohol and driving at high speed, crashed with a motorcycle carrying two riders, killing them on the spot.

An FIR was registered against the minor for offences under Sections 304A, 279, 337, 338, 427 of the IPC, and Sections 184, 190, and 177 of the Motor Vehicles Act. Eyewitnesses recorded statements attributing the accident to the minor's rash and negligent driving.

As a result, the court noted, the minor faced public outrage and was manhandled before being apprehended and produced before the Juvenile Justice Board, Pune. The minor got bail on the same day by the Juvenile Justice Board.

However, on May 21, 2024, the prosecution filed an application under Section 104 of the Juvenile Justice (Care and Protection of Children) Act, 2015, after the insertion of Section 304 of the IPC in the FIR. This application highlighted that the minor was not licensed to drive, was heavily intoxicated, and drove recklessly, resulting in the fatalities. The application sought to review the earlier bail order based on new evidence, including CCTV footage showing the CCL consuming alcohol and smoking before the incident.

On May 22, 2024, JJB issued an amended order under Section 104 of the Act, not intending to revoke the bail but to place the minor in an Observation Home for rehabilitation. The order cited discrepancies in the investigation reports and the need for the minor's psychological treatment and safety, considering public anger and the potential for mob violence.

Subsequent applications by the investigating officer led to extensions of the minor's stay in the Observation Home until June 25, 2024.

The paternal aunt of the minor approached the Bombay High Court seeking a writ of habeas corpus to secure his release, arguing that once bail was granted, he could not have been placed in an Observation Home under the guise of rehabilitation.

The High Court by an order passed on June 26, 2024 ordered the release of the minor boy.