Entire Proceedings Against Juvenile Declared Invalid:  Gross Violation of JJ Act – SC Quashes Conviction in Rape and Murder Case

In the landmark ruling of Thirumoorthy vs. State Represented by The Inspector of Police, the Supreme Court of India has emphatically underscored the necessity of strict adherence to the Juvenile Justice (Care and Protection of Children) Act, 2015, in proceedings involving juveniles. This decision, delivered on 22^nd March 2024, serves as a significant precedent in ensuring the protection of juvenile rights within the legal system. 

Thirumoorthy, a juvenile, was convicted by the trial court and the High Court for offenses under IPC and the POCSO Act, with sentences ranging from 1 to 10 years of rigorous imprisonment. However, this conviction was challenged on the grounds of non-compliance with the JJ Act’s procedures. The key issues included the direct filing of the charge sheet before the Sessions Court instead of the Juvenile Justice Board and the lack of a preliminary assessment for Thirumoorthy’s trial as an adult.

Non-Compliance with JJ Act: The Court observed a “flagrant violation of JJ Act,” noting that mandatory procedures under the Act were not followed. The filing of the charge sheet directly before the Sessions Court, instead of the Juvenile Justice Board, was highlighted as a critical error.

nvalid Trial Proceedings: The Supreme Court declared the entire proceedings, from investigation to trial, invalid due to non-compliance with the JJ Act. The Court emphasized that direct trial by the Sessions Court without reference to the Juvenile Justice Board vitiated the entire trial process.

Impracticality of Retrospective Reassessment: The Court acknowledged the impracticality of conducting a retrospective assessment of Thirumoorthy’s mental and physical capacity at the time of the offense, considering he is now 23 years old.

Judgment and Order: Consequently, the Supreme Court quashed all proceedings against Thirumoorthy, ordering his immediate release unless required in another case. The appeal was allowed, underscoring the importance of adhering to procedural safeguards in the JJ Act.

Date of Decision: 22^nd March 2024.              

Thirumoorthy Vs. State Represented by The Inspector of Police,