A speeding Porsche car hit a two-wheeler in Pune, killing them on the spot. It has come to light that the accused car driver in this case was driving the car under the influence of alcohol. The accused was arrested after the locals handed him over to the police.
At the age of the accused is less than 18 years old, the police produced him before the Juvenile Justice Board. After that, bail was granted to the accused subject to certain conditions. But, there was a wave of anger among the people. How did the accused get bail so early? This question is being asked by common people.
After that, the police arrested the accused again and presented him before the Juvenile Justice Board. After that, the board cancelled the bail given to the minor accused who crushed the two-wheeler. After that, the Juvenile Justice Board has ordered to send the accused to the juvenile correctional home. After all this many questions and issues are being discussed.
What section exactly did the police apply?
The legal aspects of the matter, and the jurisdiction of the Juvenile Justice Board and its working methods are being discussed.
Information about the Juvenile Justice Board, Juvenile Justice Act, Role of Police and Legal Matters. Some of the highlights are given here.
What is the Juvenile Justice Board?
Juvenile Justice Boards work to hear cases involving accused persons who are ignorant of the law and are below the age of 18 years. Since the accused is a minor, these cases are handled in a different way than other Aorshis while dealing with legal matters. That is what the Juvenile Justice Board exists for.
The Juvenile Justice Board consists of a judge and an experienced social worker in the field of children. Besides, there are officers of women and the child welfare department. All of them have to decide together in such cases.
Since the accused is ignorant of the law, to look after the welfare of the children, to protect their rights and to check the social aspects related to it is the first condition of the work of this Juvenile Justice Board, in fact it is the main purpose behind the work.
The Juvenile Justice Board functions under the Juvenile Justice Act.
This law has been made for the benefit of the accused who are ignorant of the law. Therefore, the law is expected to be interpreted in order to protect the interests of such accused.
Deputy Chief Minister of the state Devendra Fadnavis said that he was shocked by the verdict of the Juvenile Justice Board. Asim Sarode opined.
Anish Abdhia and Ashwini Costa
He said that the Juvenile Justice Board does not register FIR. It is registered by the police. If the police thought that the accused was conscious, why did they register a case under the Juvenile Justice Act? He raised such a question.
Even if the police register a case under this Act, the issue of age of consent is not discussed at the primary level. He also said that when the trial actually starts, the issue of age of understanding or whether he is conscious is taken into consideration.
If at the time of getting bail, there are documents that the accused is underage and there is no doubt, then the Juvenile Justice Board works on how to grant bail in that manner, assuming that he is ignorant of the law.
These documents include school certificate, birth certificate and some other documents with the same date of birth. Accordingly, the age of the accused should be less than 18 years.
How is the Juvenile Justice Act structured?
According to Adv Sarode, "The structure of the Juvenile Justice Act is completely different. Our country is a punitive country. That means punishment is given importance. Once a person is punished, it is considered that the problem is over. But, everywhere in the world, the thinking behind this is considered to be very backward.
"So some laws like the Juvenile Justice Act focus on reformative or constructive punishment. In this case, the conditions imposed by the Child Rights Board while granting bail were not even punishment, writing reprimands, traffic regulation with the traffic police for fifteen days. Based on this
Bail was granted.
"The important point in this case is that after being granted bail, there was a widespread misconception that Srimanta was released as he was a family boy. But in fact he was not released, but merely granted bail. Also, the Supreme Court has laid down the principles of getting bail."
"In other words, bail should be given when it comes to sending him to jail or giving bail. Because he is a suspected accused. Therefore, we cannot call the decision taken by the Juvenile Justice Board inappropriate," said by Adv. Asim Sarode.
Comparison with Nirbhaya case right or wrong?
The case was also compared to the Nirbhaya case in Delhi on social media. When asked what are the similarities and differences between these two incidents, Adv. Sarode said, "In this incident two people died due to reckless driving by a child under the influence of alcohol. This is a very serious crime. But, it should be noted first of all that it is not a crime of inhuman or animal nature."
"The verdict in the Nirbhaya case in Delhi was in the context of a brutal crime. In it, the accused committed torture on a human body. That case is different from the Pune case," he said.
Sarode further states that in this case the accident happened due to the irresponsibility of one person. However, the accused can be prosecuted on the basis that he is of the age of cognizance or understanding. But, since the age of the accused is generally 17 years and 7 months, you cannot consider him conscious at the primary level.
At the same time, he is old enough to know that he should not drive without a license, he should not drive a car without a number plate, he should not drink alcohol because he does not have a license, he should not consume too much alcohol, he should not drive after drinking. So, the accused can be prosecuted further, but it does not mean that the police have lost a big deal immediately.
Why did the police file two FIRs?
Why did the police file two FIRs for the same incident? Sarode asked this question.
Therefore, this case is completely dubious and divisive, said Adv. Asim Sarode said,
"After such a serious incident, whether section 304 or section 279 should be imposed, does not the police have enough training? After people's agitation, the police say that they are imposing an additional section."
Is it possible to produce the accused as cognizance?
The police may have applied to the Juvenile Justice Board under the Juvenile Justice Act or may do so later. The Juvenile Justice Act allows for the participation or guidance of experts as the people in the Juvenile Justice Board are not legal experts.
Accordingly, the Child Rights Board may involve or seek guidance from Child Psychiatrists or Child Age Specialists. This can be taken in writing, he said.
Another point is that they will refer the accused to the District Medical Officer and get the ossificash test done. In this test, doctors can draw conclusions about the age of the accused from the growth of the teeth and bones of the accused.
Can it be prosecuted as an 'inhuman' crime like 'Nirbhaya'?
In this case, the accused can be tried on the assumption that he is capable of thinking or understanding like a conscious person. But, still there is a difference between serious and inhuman crime. The crime in this case is serious, but not inhuman. So what does the court decide on this difference?
"In this case, the accused knows everything, it is a direct matter. He also knows that driving in this way can lead to accidents. But still it is because of the arrogance of the accused's wealth, the accused looks miserable, he drives the car with the mentality that other people's lives are insignificant and two people die in it. done
Therefore, the trial can proceed assuming that the accused is capable of thinking like a conscious person. At the same time, like a conscious person, he can be prosecuted at the level of punishment, he also said.
Article 304 applied before or later?
Adv. Sarode said that Police and Home Minister Devendra Fadnavis said that Section 304 was imposed not later but earlier.
"The cases in which I have appeared in court to plead through citizens have been related to liquor vendors or pubs. Three people were brought to court yesterday. There was no section 304 in the FIR against them.
At that time I first came to know in the court that two FIRs have been registered in this case. Till then I also thought that there will be only one FIR. Because the course of events is all the same.'
The accused left the house and went to a pub. There he drank alcohol and started driving under the influence of alcohol. After that, two people died in an accident due to driving a car at a very high speed. So all this sequence of events is the same. It cannot be divided. Therefore, he raised the question of how two FIRs can be registered in this case.
Section 304 has been introduced only later. It is wrong to apply Section 304 in one FIR and deliberately separate the other case."
"What is the role of the pub drivers in this case? Section 304 has been imposed on them, will they also be punished accordingly? Sarode said that the pub drivers do not have much of a role in this."
"When a case is tried, the court awards punishment according to the involvement in the crime. However, there should be only one FIR for one incident," he said.
"Why did the police do two FIRs in this case? Who told them to do this? I think Home Minister Devendra Fadnavis should have asked these questions. The second point is that we should remember that everyone has the right to present their side," said Asim. Sarode said.