HDFC Bank ex-VP murder: Court rejects juvenile claim; accused to face adult trial

MUMBAI: A sessions court on Thursday rejected the plea of Sarfaraz Shaikh, an accused in the 2018 murder of HDFC Bank vice-president Siddharth Sanghvi, 39, seeking to be declared a minor at the time of the offence, and confirmed that he will be tried as an adult.Sanghvi went missing after leaving his Lower Parel office on Sept 5, and his body was found near Haji Malang Road, Kalyan. Shaikh was nabbed on Sept 9 and police alleged robbery was the reason for the murder.An ossification test (bone age determination) concluded Shaikh was between 25 and 28 at the time of the killing. Also, a transfer certificate submitted by him at primary school level was found to be fake.Statements from school officials and education authorities revealed that the serial number on the TC submitted by Shaikh at primary level belonged to another student.

“No other material on record is shown by the accused to establish his juvenility on the day of the alleged incident. Therefore, considering all the above aspects and records before me, it is clear that on Sept 5, 2018, the accused was not a juvenile or below 18 years of age. So, the application is devoid of merit,” additional sessions judge Anil D Salunkhe said.Once an individual is declared a minor, he/she is brought before the Juvenile Justice Board (JJB) and does not face a criminal trial before a sessions court.

Alternatively, if minors between 16 and 18 commit a “heinous crime”, they can be tried as adults.Shaikh has been in custody since Sept 9, 2018. In 2024, the defence lawyer moved a plea claiming that Shaikh was born on July 20, 2001, making him 17 years, 1 month and 16 days old at the time of the offence.Citing the Juvenile Justice (Care and Protection of Children) Act, the defence argued that he should be transferred to the Juvenile Justice Board.

They submitted a school leaving certificate showing his year of birth as 2001.Public prosecutor Ashwini Rayakar argued the claim was a fabrication. The prosecution submitted a copy of a driving licence issued on Jan 25, 2018. Further, it provided a copy of a school leaving certificate issued by R K Dakshan Public School, Rampur (UP), with Jan 1, 1993, as his birth date.