Juvenile Justice(Care and Protection of Children) Act, 2015, Section 2(13), 2(33), 15, 18(3), 19(1)(i) , 101(2) – Offence u/s 363, 342, 302/201 IPC, Section 6 POCSO Act- Juvenile in conflict with law – Conviction set aside – Accused appellant being a CICL was never subjected to preliminary assessment by the Board so as to find out whether he should be tried as an adult – Directing such an exercise at this stage would be sheer futility because now the appellant is nearly23 years of age – There remains no realistic possibility of finding out the mental and physical capacity of the accused appellant to commit the offence or to assess his ability to understand the consequences of the offence and circumstances in which he committed the offence in the year 2016 – There has been a flagrant violation of the mandatory requirements of Sections 15 and 19 of the JJ Act – Neither was the charge sheet against the accused appellant filed before the Board nor was any preliminary assessment conducted under Section 15, so as to find out whether the accused appellant was required to be tried as an adult – In absence of a preliminary assessment being conducted by the Board under Section 15, and without an order being passed by the Board under Section 15(1) read with Section 18(3), it was impermissible for the trial Court to have accepted the charge sheet and to have proceeded with the trial of the accused -Held that the procedure adopted by the Sessions Court in conducting the trial of the accused appellant is de hors the mandatory requirements of JJ Act – On the face of the record, the proceedings undertaken by the Sessions Court in conducting trial of the CICL, convicting and sentencing him are in gross violation of the mandate of the Act and thus, the entire proceedings stand vitiated hence need not dwell into the merits of the matter or to re-appreciate the evidence available on record for finding out whether the prosecution has been able to prove the guilt of the appellant by reliable circumstantial evidence – Impugned judgment liable to be set – Appellant who is presently lodged in jail directed to be released forthwith, if not required in any other case. (Para 37 to 42, 47 and 48)
SUPREME COURT OF INDIA
2024 STPL(Web) 198 SC
[2024 INSC 247]
Thirumoorthy Vs. State Represented By The Inspector Of Police
Criminal Appeal No. 1773 of 2024 (Arising out of SLP(Crl.) No(s). 1936 of 2023)-Decided on 22-03-2024
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