Tuesday, October 8th, 2024

Opinion: 300 word article and bail to the person who murdered 2… what kind of justice is this?

New Delhi: If you want justice then give half, but if there is a hindrance in this also, then give only five grams, keep all your land… These lines of the poem ‘Krishna’s Warning’ by Ramdhari Singh ‘Dinkar’ fit perfectly in the case of ‘Pune Luxury Car Accident’. A lot has changed from the era of Mahabharata to the era of Kaliyuga. But history is witness to the fact that the ‘justice system’ remains as it is. Even today he has control over justice and has power in his stick. It does not matter whether the accused kills one or thousands. In fact, for the last 24 hours, in the name of ‘justice’, the unique punishment given to the accused is being discussed in the entire country.

A 17-year-old minor who was driving a high-speed Porsche car in Pune last Saturday night got bail within 15 hours in a road accident case. The accident took place in Koregaon Park area in the early hours of Sunday, in which a couple riding a two-wheeler was killed. The accused minor trampled two people after drinking alcohol, but due to his influence, the chains of law became loose. It is not yet clear what happened during the bail hearing, but the police say that the court did not find the incident so serious that bail should not be granted. Within 15 hours of the minor being taken into custody, the court granted him bail, but put some conditions for his release such as –Will have to work with the traffic police for 15 days’, ‘Will have to undergo mental evaluation and treatment’, ‘Will have to write an essay of 300 words on the effects of road accidents and their solutions’, ‘Will have to go to a de-addiction center and undergo rehabilitation’, ‘They will have to read traffic rules and give a presentation on these rules in front of the Juvenile Justice Board’, ‘If they see any road accident in future, they will have to help the victims.’

Two people lost their lives and a discussion has started among the intellectual class regarding the moral wisdom type punishment given by the court. However, the decision of the lower court can be challenged in the higher courts. But the thread of ‘justice’ which has been woven with light rules is bound to be discussed. A minor who is just short of puberty. He brutally destroys the world of two people by drinking alcohol, what punishment should he get? You, we and the people in the justice system know the answer to this very well. But what is the compulsion that an attempt is made to cover up a human being’s death with a 300-word essay? However, the police seems to be fighting the system. Police Commissioner Amitesh Kumar said that action has also been taken against the minor’s father for allowing the car to be driven without a number. He said that the Assistant Commissioner of Police is investigating this case. Statements of eyewitnesses have also been recorded, in which it was told that the minor and his friends were drunk when people caught them after the incident.

What is the matter?

According to the police, on Saturday night the minor son of a real estate agent was returning in his Porsche car after partying with friends. Eyewitnesses told the police that his Porsche car was traveling at a speed of more than 200 kilometers per hour. There was not even a number plate on the car. At that time, two engineers, Anish Awadiya and Ashwini Koshta, resident of Madhya Pradesh, were also returning by bike. The speeding car hit Ashwini’s bike hard. As soon as the collision occurred, Ashwini jumped about 20 feet in the air and then fell on the ground. His friend Aneesh also fell on the car. Both of them died on the spot due to serious injuries. Ashwini and Aneesh were engineers and worked in a company in Pune.

What is the law for minor accused?

Many courts of the country including the Supreme Court have made it clear that even if the accused is a minor of 16 to 18 years of age, if he is involved in heinous crimes like murder and rape, then he will be tried like an adult. The court has even said that such accused can be given death sentence or life imprisonment. Not only this, in heinous crimes the accused can be kept in a special home only till the age of 16 years. After this he is shifted to jail along with other prisoners. At the same time, no case can be filed against children below 12 years of age.

What does the Motor Vehicle Act say?

According to the existing law, if someone dies in a road accident, the police investigate and register a case under two sections. In this one section is 304 and the other is 304 A. It depends on the investigating officer under which section the case will be registered against the accused. There is a lot of difference in the punishment of both the sections. Section 304 carries a punishment of only two years, whereas Section 304A provides for a punishment of 10 years. However, changes have been made in the road accident law in the new Indian Civil Code (BNS) 2023 law of the Central Government. Under this new law, if someone dies in a road accident and the driver escapes from the spot, he can be sentenced to 10 years of imprisonment. Not only this, a fine of Rs 7 lakh can also be imposed on the accused driver. There was opposition to this new law.

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