The accused, who is considered a kid under the Juvenile Justice Act, must be treated with the same respect as all other children who are in conflict with law, the court decided.
In the case of Pooja Gagan Jain v. State of Maharashtra, the infamous Pune minor Porsche accident in its order of releasing the juvenile accused from the 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.
The divison bench of justices Manjusha Deshpande and Bharati Dangre, determined that the juvenile accused must receive the same treatment that every other child in conflict with law is entitled to receive. They stated that the purpose of the 2015 Act, which is that to ensure children in conflict with law are meant to be dealt separately and not like adults. Although the prosecution requested that the accused be charged with a ‘heinous offence’ and prosecuted as an adult, the Court emphasised that such considerations must be consistent with the law’s provisions. It underlined that the legislative framework requires an inclusive and enabling environment to lessen children’s vulnerabilities. As a result, the Court has granted the juvenile accused relief under the Juvenile Justice Act’s specific provisions.
This order was passed after the accused’s aunt moved the Bombay high court saying that the accused was detained by juvenile justice board in observation home, arbitrarily and unlawfully.
Two people were killed when the juvenile in conflict with law, son of a well-known Pune builder struck a motorbike in the Kalyani Nagar neighbourhood with his Porsche car. Later on, it was discovered that the accused had been drinking with his friends at a pub prior to the incident, leading to the whole mishap. In accordance with the requirements of the Maharashtra Motor Vehicles Act and Sections 304A, 279, 337, and 338 of the Indian Penal Code (IPC), he was charged with reckless and careless driving, inflicting harm by jeopardising the safety of people, and causing death by carelessness.
On May 19, he was given bail, but he was subsequently placed under monitoring in a home.
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Written By – Gnaneswarran Beemarao
