Pune: Teenage Porsche Driver’s Lawyer Opposes Adult Trial, Highlights Supreme Court Ruling

Pune, 29th August 2024: The defence attorney for the 17-year-old driver involved in the fatal Porsche Taycan accident has contested the prosecution’s request to try the teenager as an adult, arguing that it violates Supreme Court guidelines. The lawyer, Prashant Patil, filed an application with the Juvenile Justice Board (JJB), emphasizing that the prosecution’s stance contradicts the Supreme Court’s 2020 ruling in the Shilpa Mittal vs. State of Delhi case.

“The Supreme Court has made it clear that under section 304 of the Indian Penal Code (culpable homicide), if a minor is charged, it does not constitute a heinous offence under the law,” Patil stated in his application. He further argued that the state had not adhered to the proper procedures as outlined in sections 14 and 15 of the Juvenile Justice (Care and Protection) Act, 2015.

Patil requested the JJB to grant him a month to meet with the minor, gather necessary instructions, and prepare a response to the prosecution’s plea for trying the teenager as an adult.

During the hearing on Wednesday, the JJB postponed the proceedings until September 26. The board was scheduled to consider both the prosecution’s request and three separate applications filed by the defence, which sought the return of the damaged luxury car, the teenager’s passport, and his smartphone.

Assistant Commissioner of Police Ganesh Ingale, the lead investigator in the case, also requested an adjournment, citing that the police had not yet received copies of the defence’s applications. He indicated that the police needed additional time to respond to the defence’s requests and that a supplementary chargesheet would be filed soon as the investigation continues.

The tragic incident occurred in the early hours of May 19, when the Porsche, driven by the 17-year-old son of a local builder, collided with a motorcycle in Kalyaninagar, resulting in the deaths of two young software engineers. The teenager, along with two friends, who were also minors, and his family driver, were returning home to Wadgaon Sheri after celebrating the completion of their Class XII board exams at two pubs in Mundhwa.

In his application, Patil pointed out that, according to section 15(1) of the Juvenile Justice Act, the JJB is required to conduct a preliminary assessment of the minor’s mental and physical capacity to commit the offence, his understanding of the consequences, and the circumstances surrounding the incident.

Furthermore, under section 14(3) of the Act, this preliminary assessment must be completed within three months of the minor’s first appearance before the JJB. The application highlighted that the evaluation should consider the minor’s situation and circumstances as they were on the date of the offence.