Bombay High Court Releases 18-Yr-Old Who Mowed Down Woman From His Bike, Cites His 'Young Age' And 'Bright Future'
The Bombay High Court on Monday upheld the conviction of a youth under charges of causing death by negligence (304-A of IPC) of a woman, whom he dashed while driving his motorcycle in a rash manner, however, the court ordered his release under the Probation of Offenders Act after noting that he has a "bright future."
Single-judge Justice Sanjay Mehare noted that the convict before him, was merely 18-year-old in April 2013, when he drove his newly brought motorcycle for the first time, and mowed down the victim woman, who was sitting outside her house.
The judge, while citing various judgments of the Supreme Court concluded that one could understand from these verdicts, that the provisions of the Probation of Offenders Act should not be disregarded but should be followed and an appropriate decision, depending on the facts of the case, in each case.
"The peculiar facts and circumstances of this case were that the Petitioner had just completed 18 years. He was a teenager, and in the excitement and happiness, he might have driven the new vehicle for the first time and lost control. In the ordinary course, he had no reason to take the vehicle away from the road and cause an accident. His age and the way in which the accident happened are the peculiar facts to be considered in this case. He has a bright future," the bench noted in its order.
The judge, further noted that the petitioner is apprehensive about the stigma of conviction that may ruin his future.
"The mens rea is absent in such cases. He was a first-time offender and had no antecedents. Therefore, without disregarding the Probation of Offenders Act, this Court is of the view that in the facts and circumstances of the case, it is expedient to release him on probation under Section 4 of the Probation of Offenders Act to thebPetitioner," the judge held.
According to the prosecution, the convict on April 20, 2013, the convict, who had just completed his 18 years, drove his newly purchased motorcycle in rash and negligent manner. He then dashed his bike to a woman, who was sitting outside her house. She was severely injured in the incident and then while being treated in the hospital, she succumbed to the injuries.
The boy was subsequently arrested and tried before a Magistrate Court, which pronounced him guilty of various offences under the Indian Penal Code (IPC). He had challenged the conviction before a sessions court, which too upheld the same after perusing the material on record.
Before Justice Mehare, the convict filed a revision plea seeking to quash the conviction.
Case Details: Akshay Khandve VS State of Maharashtra (Criminal Revision Application 376 of 2019)
Senior Advocate VD Sapkar and Advocate SR Sapkal appeared for the Petitioner.
Assistant Public Prosecutor PJ Bharad represented the State.