Monday, August 5, 2024

The Pune Porsche Crash | Rich People vs Aam Aadmi

 

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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