VidhiSangh

Supreme Court of India · 22/03/2024

THIRUMOORTHY versus STATE REPRESENTED BY THE INSPECTOR OF POLICE

[2024] 3 S.C.R. 1228 · 2024 INSC 247

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Summary

A known child in conflict with law could not be directly prosecuted as an adult before the Sessions Court without the Board’s preliminary assessment, transfer decision and Children’s Court scrutiny. Those mandatory safeguards were bypassed despite juvenile status being known from inception; later sentencing-stage assessments could not validate the trial. A fresh retrospective assessment years later was considered futile. The Court quashed the impugned judgment and ordered release unless required elsewhere, expressly leaving evidentiary guilt unexamined.

Issues

  1. Whether direct adult trial of the known juvenile complied with the 2015 Act.
  2. Whether later psychological or sentencing assessments cured the foundational breach.
  3. Whether retrospective assessment and a fresh trial should be ordered.

Provisions considered

Held

Result

Appeal allowed; impugned judgment quashed and set aside for vitiated juvenile-justice proceedings. Immediate release directed unless required in another case; evidentiary guilt not adjudicated and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 1228.