The Pune Porsche Crash | Rich People vs Aam Aadmi
Hello,
friends! On the night of 18th May, A 24-year-old man Aneesh and a 24-year-old
woman Ashwini went to a club in Pune to party with their friends. They were
from Jabalpur, Madhya Pradesh, but they were working together in an IT company
in Pune. The club they went to is called Ballr. And 3 km away from this club,
on this very night, Vedant and his 12 friends meet in a pub called Cosie.
It
was 10:40 pm when Vedant and his friends entered this pub. And within 1.5
hours, they spent so much money that their bill had reached ₹48,000. The CCTV
recording of their time spent in that club is publicly available where you can
see Vedant and his friends drinking alcohol. It is worth noting that Vedant is
under the age of 18.
He
is much younger than the minimum drinking age limit. At around 12 am, this pub
stops serving Vedant and his friends. So these people leave this pub. A few
kilometres away, they go to a club in Marriott Suites called Blak. This place
was also about 3 kilometres away from the club where Aneesh and Ashwini were
partying with their friends.
At
around 2 am, Vedant and his two friends leave club Blak in drunk as they were,
they get into his electric Porsche Taycan. His driver was also in this car. At
around 2.30 am, Aneesh and Ashwini were also returning home, together on a
motorcycle. Their motorcycle took a U-turn on Kalyani Nagar Airport Road, when
on the same road, Vedant's Porsche flies by like a bullet fired by a pistol.
This
led to a terrible accident and in a few moments, Aneesh and Ashwini pass away.
According to some reports, the speed of this car was 160 kmph. While some other
reports claim that it was going faster than 200 kmph. You can see the size of
this road in the CCTV footage. It is such a small road. After this collision,
the airbags of this car deploy and people standing nearby reach the collision
spot.
After
being manhandled and questioned by the people gathering there, Vedant was
handed over to the police by the people. They believe that after running over
two people, this driver will be given the harshest punishment. But these people
were unaware of the bizarre things that would happen later in this case.
Vedant
Agarwal was taken to the Yerwada police station. And just one hour after this
incident, MLA Sunil Tingre reached the police station at 3 am. Think about it,
an MLA disrupted his sleep and went to the police station at 3 am for a boy.
Will any MLA do this for any random boy? No. Actually, Vedant Agarwal is from a
rich family.
His
father is a famous builder, Vishal Agarwal. He owns the real estate company
Bramha Corp. Sunil Tingre is an MLA from Ajit Pawar's NCP today, they are in
alliance with BJP. Later, in an interview to News Laundry, Tingre says that he
did not influence this case in any way. He went to the police station that
night because he has known this family for the past 30 years.
And
he considers the people of this family as friends. That's why, he reached there
to help them, because they had called him there. Vedant Agarwal's father,
Vishal Agarwal was the one to call him. That night, in Yerwada police station,
there was another interesting incident. A Mercedes car reached there, along
with some other cars, a man came out of the Mercedes carrying 6-7 pizza
cartons.
Some
reporters outside the police station reported that there was something akin to
a feast in the police station that night. Pizza was being served. By the time
Sunil Tingre left the police station, it was already 6 am. And a few hours
later, at 8.26 am, on 19th May, an FIR was filed against Vedant. The section
under which this FIR is registered is a separate controversy.
It
is filed under Section 304A, not Section 304. There are some basic differences
between the two sections. Section 304A is D€ath by Negligence. Meaning, someone
d!ed because of your mistake. This section doles out a maximum punishment of 2
years in jail. But on the other hand, Section 304 is for, Culpable Homicide Not
Amounting to Murder.
Culpable
Homicide means that you know that if you commit a mistake, someone may lose
their life. And yet you commit the mistake. Although it is not a murder. That
is why Culpable Homicide - Not Amounting to Murder. Because murder needs a
direct intention to k!ll someone. Here you don't have that. That is why the
maximum punishment under Section 304 is 10 years imprisonment.
This
is the biggest difference between Sections 304A and 304. Your knowledge about
your mistake. Did you know that someone could d!e because of your mistake? Or
did you not know that someone could d!e because of your mistake? Now you tell
me, friends, today, is there anyone who doesn't know that drunk driving can
lead to accidents and someone can d!e? Is there anyone who doesn't know that
driving a car at 200 kmph on these small roads in a city can k!ll someone?
That's why the question arises, why was the FIR filed under 304A
and
not under 304? Did MLA Sunil Tingre have an influence here in this
recommendation? This is a significant question. Now, about the car, that is a
separate issue too. The permanent registration of this Porsche Taycan has been
pending since March. Mr. Agarwal had not paid the fees of ₹1,758. That's why,
during the accident, this car did not have a number plate.
Vedant's
grandfather revealed that this car was a gift for Vedant. Coming back to the
FIR, the police had to get Vedant's blood tested. And the thing to note here is
the time at which this blood test was done. At 11 in the morning. About 8 hours
after the incident. Now, depending upon the amount of alcohol you have
consumed, the alcohol remains in your bloodstream for 6 to 12 hours.
Here,
because the blood test was done after 8 hours, you might expect that the blood
test was positive. But no, this blood test was negative and the reason behind
this is another fraud. The hospital where this blood test was done, the doctor
who conducted this blood test, threw the real blood sample in the dustbin and
replaced it with another blood sample.
This
means the sample which was tested was already clean. For this blood test, the
Agarwal family paid ₹300,000 to two doctors. You can read this article on
NDTV's website, according to their sources, the doctors were bribed with
₹300,000 to change the blood samples. Their names are Dr Ajay Taware and Dr
Shrihari Halnor.
Both
of them have since been arrested. This isn't the end of frauds and corruption.
Look at this article from Pune Pulse. Vedant Agarwal's mother requested their
driver to take the blame for this crash. Vedant's grandfather went one step
further. He threatened the driver and forced him to admit that he was the one
driving that night.
But
thankfully, there were many witnesses that night and no such stunt could be
attempted. But after this, the most shocking part of this case when the
Juvenile Justice Board grants bail to Vedant. While granting bail he is told
that Vedant will have to study all the rules and regulations and will have to
prepare a presentation.
Along
with that, he needs to write a 300-word essay on the topic of road accidents
and their solution. His drunk driving k!lled two people and as a punishment, he
is asked to write a 300-word essay. This was so shocking that when this news
reached the people, there was a ruckus all over the country. People started
outraging on social media.
"The
Pune Porsche tragedy is concerned, that sent shockwaves across the
nation." "The minor who was driving the speeding Porsche that was
granted bail within 15 hours of his detention, something that is unheard
of." "A rich family's son, drives a Porsche under the influence of
alcohol, and ends up k!lling 2 people, so he is told to write an essay.
"Look
at the ease at which the accused get away because of their political or social
connections. Do you feel it's all a lost cause?" "Has justice been
reduced to a joke? For the rich, is the cost of our lives worth less than that
of a cockroach?" Widespread public outrage pressured the police and for
this reason, the police moved the Sessions Court on 20th May.
They
tried to have Vedant be tried as an adult and to modify Section 304A to Section
304. In return, the Sessions Court said that the police need to approach the
Juvenile Justice Board for this. Here, the police also decided that more people
needed to be booked in this case. The owner of Club Cosie, his father, and the
manager was booked.
As
well as Blak restaurant's managers. When three of them were taken to the court
for a remand application, Judge SP Ponkshe gave a strange statement. He asked,
"what will the people on the streets do? Because those coming to big pubs
will not go home walking. They will drive their vehicles.
"
He said that the ones serving alcohol should be aware of how much alcohol they
serve their customers and a limit should be decided for that. Did you
understand this logic, friends? The judge claims that people who go to pubs
will drink and drive. The pub owners should pay attention to the alcohol intake
of each of their patrons, In my opinion, this was a strange statement and I
feel that it was a way to shift the blame from Vedant and his family and blame
the pub owners.
The
only wrong that the pub owners did was serving alcohol to an underage boy. For
this, either a fake ID card was shown by Vedant, or they served alcohol without
any ID card. After the investigation, this will tell us, how much they are at
fault. Apart from these people, due to the pressure on the police, the police
have now lodged an FIR on Vedant's father, Vishal Agarwal.
It
is under Section 75 for willful neglect of a child or exposing a child to
mental or physical illness and Section 77 supplying a child with intoxicating
liquor or drugs. Apart from this, Section 3, Section 5 and Section 199A of the
Motor Vehicles Act were also cited for allowing Vedant to drive without a
licence.
On
20th May, came another twist in the story with the news of Vishal Agarwal being
on the run. After securing bail for his son, he tried to run away from the
authorities. He bought a new SIM card to prevent the police from tracking his
number. But fortunately, this doesn't last long because the next day, on 21st
May, he was arrested in Aurangabad.
By
this time, the outage against this case had reached its peak. People were
extremely angry and every political leader was talking about this. The next
day, on 22nd May, Vedant was produced in the Juvenile Court and another
section, Section 185 was invoked. For driving under the influence of alcohol.
The police then requested the court to try Vedant as an adult, not a minor.
Now,
it remains to be seen whether the court agrees to the police's request or not.
Until then, Vedant has been taken into remanded in Nehru Udyog Kendra
Observation Home in Yerwada, till June 5th. Here comes an interesting legal
technicality, which makes it difficult to dole out strict punishment for
Vedant.
We
know that when a criminal is younger than 18 years of age, the punishment they
get is almost negligible. During the Nirbhaya case, this was a major topic for
discussion nearly 10 years ago. Because one of the convicts of that crime, was
younger than 18 years of age. Under public pressure, the government brought an
amendment to this law in 2015.
The
Juvenile Justice Care and Protection of Children Act, 2015. According to this,
if a person in the age bracket of ages 16-18, commits a heinous crime then it
will be decided by the Juvenile Justice Board to take him to trial as an adult
instead of a minor. Heinous crime means a despicable crime. A crime in which
the minimum imprisonment is at least 7 years.
For
example, murdering someone. But in this specific case, in Vedanta's case, the
problem is that even IPC's Section 304 does not give any minimum sentence for
jail. The maximum sentence is 10 years, but there is no minimum sentence.
That's why, even with this IPC section it does not fall under this category of
a 'heinous crime.
'
And coincidently, Vedant age is only 4 months short of being 18 years. In legal
language, there's a concept Doli Incapax, that is the age of criminal
responsibility. It is believed that children below a certain age cannot
intentionally commit any crime of their own will. That's why the punishment for
any offences committed by those children should not be the same as that for
adults.
Most
countries use this philosophy in their legal system. However, the exact age
depends on the country. Some countries say that the age should be 6 years, some
say 9 years, some say 12 years, and some 15 years. This is why when children
below a certain age commit a crime, they are not given a punishment instead,
they given are a means to reform themselves.
Research
proves that when children grow up in a bad environment, when they do not get
proper parenting, then the tendency of a child to commit crimes is higher. But
here, through counselling and proper education these children get the chance to
reform. But what about boys like Vedant? A boy who grew up in a rich family, he
got everything he wanted.
A
good education, a good family, all the privileges, even a Porsche car was at
the age of 17. That's why I believe that Vedant should not be treated like a
minor, but tried like an adult for his trial. But because of this one legal
technicality, criminals like Vedant have evaded justice before. Look at this
case of 2016.
4
days before the 18th birthday, a 3-time repeat offender, juvenile, runs over a
32-year-old man to Delhi. First, the family's driver comes forward and takes
the blame on himself, but later he withdrew his statement when he found out
that the victim had passed away. In June 2016, the Juvenile Justice Board said
that this boy should be on trial like an adult.
And
this was very logical because he was only 4 days away from being 18 years old.
Also, he was a repeat offender. He committed this crime multiple times. But in
2020, the Supreme Court denied this saying that Section 304 is technically not
a heinous crime. So, he should be tried as a minor. Some days before the
incident in Pune, a similar case came to light in Kanpur.
A
15-year-old boy k!lled two people in a motor accident in October 2023. Despite
having committed an offence under Section 304, he got bail easily. This year in
March, he committed another hit and run offence and this time k!lls four more
people. Again, Sections 279 and 338 were imposed on him but he got off
scot-free.
Finally,
he was arrested on 22nd May when the Pune incident was all over the social
media and people were increasingly furious. I believe that if the law treats
such people like minors again and again, then the responsibility of their
actions should be shifted on the parents of these criminals. Those parents who
let children below the age of 18 drive without a driving licence.
Parents
whose bad parenting drove these kids to such crimes. Those parents whose
intentional mistakes are the reason why people lose their lives. If the law
can't punish these 15-17-year-old criminals, it needs to punish their parents
instead because they are adults who let their children do this. Pune's case
exposes the entire system of our country.
How
this entire system is corrupt from top to bottom. Everything is legal for rich
people. If you have money, you can do anything. You can drive a car without a
licence plate. You can drink alcohol despite being underage. You can drink and
drive your car at 200 kmph. On committing a crime, MLAs will be at your service
to help you.
With
enough bribes, doctors will change your blood samples. The courts will ask you
to write an essay as punishment for your crime and everything will be forgiven.
On the other hand, are the average middle class people and poor people. Whether
a common man follows every rule pays his taxes on time, and lives as an ideal
citizen, one day or another, there will be bulldozers at his home.
"I'm
trying to show the papers, but the officers aren't willing to see them. If the
construction isn't legal, go ahead, and demolish it. But no one is willing to
check the papers. The Supreme Court has stayed the demolition. So why is it
still being demolished? They have no regard for the Supreme Court either.
"
Without any reason, the police will use their sticks on him. Someday, he will
d!e when an illegal hoarding collapses on him. Someday, he will get c@ncer due
to adulterated food and medicines. Or someday, while walking on the road, a son
of a rich man will come and crush him under his car. Friends, this is the life
of a common man in our country.
There
is only one thing, only one thing, which can reduce the distance between
justice and injustice. Which can erase this difference between the rich and the
poor. Something that cannot be bought with money. Our unity, the collective
voices of the people. In this case, authorities are trying to take a strict
actions against Vedant.
The
doctors have been arrested who tried to change the blood sample. If there is
some hope of justice in this case, it is only because people have raised their
voices on social media. Today, this rich man's son who left a trail of blood on
the road, can no longer be protected by the system only because of our
collective voices.
This
is a lesson for all of us. We should always raise our voices against every
injustice. If there is a way to fight this corrupt system, it is this. As Dr BR
Ambedkar said, "Educate, Agitate, Organise." Spread awareness among
people, raise your voice, and show them the power of unity. Thank you very
much.
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