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Thirumoorthy vs. State represented by the Inspector of Police

Not available · 2024 INSC 247Decided 22 Mar 2024
Not available
Justice B.R. Gavai · Justice Sandeep Mehta

Background

In July 2016, a six-year-old girl went missing from Salem, Tamil Nadu, and was later found dead in the appellant's house; the appellant was arrested and tried before a Sessions Court, which convicted him in 2019, a conviction the Madras High Court affirmed in 2021. It later emerged that the appellant's own school records showed a date of birth making him a juvenile (a "child in conflict with law") at the time of the offence, yet he was charge-sheeted and tried directly before the Sessions Court without ever being produced before the Juvenile Justice Board or assessed as the Juvenile Justice Act requires.

Decision Breakdown

The Supreme Court held that the mandatory procedure under the Juvenile Justice (Care and Protection of Children) Act, 2015, including production before the Juvenile Justice Board and a preliminary assessment, is not optional, and skipping it vitiated the entire investigation and trial regardless of the offence's gravity. Since the appellant was now about 23 years old, sending the matter back for a fresh Board assessment would serve no real purpose. The Court therefore did not examine the evidence or merits of the murder charge at all, and instead quashed the conviction on the procedural ground alone and ordered the appellant's release.

Lesson Learnt

When an accused is found to be a juvenile at the time of an offence, following the special Juvenile Justice Act procedure is mandatory, not a formality, failing to do so can unravel an otherwise-completed trial and conviction, no matter how serious the crime.

Official source (sci.gov.in)View Judgment (PDF)

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