Pune Porsche accident: Bombay High Court overlooks 'see accused's action and not age' public outcry

In its order directing the release of the juvenile accused in the Pune Porsche car accident case from an observation home, the Bombay High Court determined that the call to "see the accused's action and not his age" would have to be overlooked. [Pooja Gagan Jain v. State of Maharashtra].A Bench of Justices Bharati Dangre and Manjusha Deshpande determined that the accused, a child under the Juvenile Justice Act, must receive the same treatment that every other child in conflict with law is entitled to receive."The outcry, as a knee jerk reaction to the accident, resulting into a clarion call of “see the accused’s action and not his age”, will have to be overlooked upon assimilating that the CCL is a child under the Juvenile Justice Act, being under 18 years and regardless of his crime, he must receive the same treatment, which every other child in conflict with law is entitled to receive, as the purpose of the Act of 2015 is to ensure that children who come in conflict with law are dealt with separately and not like adults," the Court said..Although the prosecution demanded that the accused be charged with a ‘heinous offence’ and tried as an adult, the Court highlighted that such considerations must align with the law's provisions.The Court stated that the Juvenile Justice Act is designed to ensure that children are dealt with in a manner that promotes their well-being and facilitates their development.It stressed that the legislative scheme mandates an inclusive and enabling environment to reduce vulnerabilities faced by children. Thus, the Court has allowed the juvenile accused to benefit from the special provisions of the Juvenile Justice Act."Though the accident caused by the CCL is the most hapless incident and a demand is made by the prosecution to accuse him of ‘heinous offence’ and try him as adult, which may receive due consideration as per law, we are bound by the scheme formulated by the legislature, for ensuring that all resources are mobilized including those of family and community, for promoting the well being of a children by facilitating their development and by providing an inclusive and enabling environment, to reduce the vulnerabilities they may face, and also the need for intervention under this Act, and, hence, we have permitted the benefit conferred by the special legislation, to be availed by the CCL, a child in conflict with law," the Court stated..The order was passed after the minor's aunt moved the High Court alleging that he was unlawfully and arbitrarily detained by the Juvenile Justice Board (JJB) in an observation home.The juvenile, the son of a prominent builder in Pune, hit a motorcycle with his Porsche car in Kalyani Nagar area, claiming the lives of two persons. It was later found that the minor had been drinking at a pub with his friends before the accident.He was booked for rash and negligent driving and causing harm by endangering safety of lives and death by negligence under Sections 304A, 279, 337 and 338 of the Indian Penal Code (IPC) along with provisions of the Maharashtra Motor Vehicles Act.He was granted bail on May 19 but was later remanded to an observation home..Study traffic rules, write essay on road accidents: Bail conditions for teen who killed two with Porsche.[Read Order]