New Delhi: A Juvenile Justice Board (JJB) today said that the minor who had allegedly run over a 32-year-old marketing executive while driving his father's Mercedes can be tried as an adult in a trial court.
Hearing the plea by Delhi Police, JJB observed that “He (accused) is in no manner lacking in mental and physical capacity to commit the alleged offence.”
On the date of incident he had the ability to understand the consequences of the offense, the board further said.
The accused teenager who was days short of 18 years, had allegedly drove his father's Mercedes over 32-year-old Siddharth Sharma on April 4.
Reacting to the latest development in the case, victim’s sister Shilpa Mittal said that Juuvenile was mentally healthy, he was aware of the consequences of driving fast.
“We know that we won't get justice easily but we are fighting to set an example,” she added.
During over hour-long arguments before the JJB, Special Public Prosecutor Atul Shrivastava said the boy had committed traffic violations earlier also and had "bluffed the court and the police by claiming to be a major".
He said the boy belongs to the age group of 16-18 years and this offence comes under definition of "heinous crimes" so his trial should be transferred to the trial court.
The Delhi Police had on May 26 chargesheeted the juvenile in the JJB for the offence of culpable homicide not amounting to murder. The offence of culpable homicide not amounting to murder entails a maximum of 10 years jail.
Initially, a case under IPC sections 304 A (causing death by rash or negligent act) was lodged against the boy but later on he was booked for the alleged offence of culpable homicide not amounting to murder and he was sent to the reform home.
The police had said in its charge sheet that the boy had run over marketing executive Siddharth Sharma with his father's Mercedes when Sharma was trying to cross a road near Ludlow Castle School in north Delhi on April 4.
The final report was filed for alleged offences under sections 304 (culpable homicide not amounting to murder), 279 (driving on a public way so rashly or negligently as to endanger human life) and 337 (causing hurt by an act which endangers human life) against him.
The police also annexed the statements of witnesses including that of the youth's friends supporting its case.
The Board had on April 26 granted bail to the youth who sought the relief to appear in entrance examinations. The police had said that the car was being driven at a speed of at least 80 km per hour and Sharma was flung several feet into the air by the impact of the crash and landed around 15 metres away from where he stood.
Police had said that after the incident, a group of youths stepped out of the vehicle and fled from the spot abandoning the car there.
It had said that the youth had been penalized four times for violating traffic rules relating to over-speeding, not wearing seat belt and involvement in a minor traffic accident at Maurice Nagar in north Delhi.
The police had earlier arrested a man who claimed to be the actual driver of the Mercedes at the time of incident but he did a volte-face after he got to know the victim was dead.
The driver and the boy's father, who was also arrested earlier, were also granted bail by the court.
The youth had appeared before a Delhi court to surrender and moved a bail plea which was rejected on the ground that it was a matter of JJB. He was then produced before the board.
