ASPECTS | DETAILS |
Case Title | Thirumoorthy versus State represented by the Inspector of Police |
Introduction | Supreme Court decision on the conviction of a child in conflict with the law under the Juvenile Justice Act, 2015. |
Factual Background | Accused, a juvenile at the time of the offense, was tried and convicted without the mandatory preliminary assessment under Sections 15 and 19 of the JJ Act. |
Legal Issues | Compliance with Sections 15 and 19 of the JJ Act for trying juvenile offenders. |
Applicable Law | Juvenile Justice Act, 2015, Sections 15 and 19. |
Analysis | Violation of mandatory requirements of the JJ Act, leading to the quashing of the conviction and release of the accused. |
Conclusion | Conviction of the accused was quashed, and the accused was ordered to be released. |
Current Scenario | Accused, presently in jail, is to be released forthwith. |
CASE SUMMARY–The Supreme Court overturned the conviction of a juvenile, emphasizing compliance with Sections 15 and 19 of the Juvenile Justice Act, 2015. The accused, tried and convicted without the mandatory preliminary assessment, had their conviction quashed, and they were ordered to be released. The Court held that proceedings without the assessment were vitiated, and only the Children’s Court could try the accused under Section 19 of the JJ Act. The decision reiterated the importance of following the JJ Act’s procedures for trying juvenile offenders.
SOURCE- SUPREME COURT OF INDIA
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