SUPREME COURT OF INDIA
THIRUMOORTHY vs STATE REPRESENTED BY
THE INSPECTOR OF POLICE
Criminal Appeal No ....OF 2024
(Arising out of SLP(Crl ) No(s) 1936 of 2023) On 22 March 2024
Hon'ble Judges: B.R. Gavai, Sandeep Mehta
Case Type: Criminal Appeal
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 148
ACTS REFERRED:
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 19(1)
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 2(33)
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 3
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 19(1)(i)
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 101(2)
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 15
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 107(2)
Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 2(13)
Code of Criminal
Procedure, 1973, Section 313(1)(b)
Code of Criminal
Procedure, 1973, Section 374(2)
(A) Code of Criminal
Procedure, 1973, Section 313(1)(b), Section 374(2) - (B) Juvenile Justice(Care and Protection of
Children) Act, 2015, Section 3, Section 19(1), Section 15, Section 107(2), Section 2(13), Section 2(33), Section 101(2), Section 19(1)(i) font-size: 16px;" > Leave granted.
This appeal takes exception to the judgment dated 15th April,
2021, passed by the learned Single Judge of the High Court of
Judicature at Madras dismissing the criminal appeal filed by the
appellant herein under Section 374(2) of the Code of Criminal
Procedure, 1973 (hereinafter being referred to as 'CrPC') and
affirming the conviction of the appellant and sentences awarded to
him vide judgment and order dated 18th February, 2019, passed
by the Court of Sessions Judge, Mahila Court, Salem (hereinafter
being referred to as the 'trial Court') in Special Sessions Case No.
79 of 201
Judgement Text
1. Leave granted.
2. This appeal takes exception to the judgment dated 15th April,
2021, passed by the learned Single Judge of the High Court of
Judicature at Madras dismissing the criminal appeal filed by the
appellant herein under Section 374(2) of the Code of Criminal
Procedure, 1973 (hereinafter being referred to as 'CrPC') and
affirming the conviction of the appellant and sentences awarded to
him vide judgment and order dated 18th February, 2019, passed
by the Court of Sessions Judge, Mahila Court, Salem (hereinafter
being referred to as the 'trial Court') in Special Sessions Case No.
79 of 2016. By the said judgment and order, learned trial Court
convicted and sentenced the appellant as below: -
| Provision under
which convicted |
Sentence |
| Section 363 IPC |
Sentenced to undergo 07 years
rigorous imprisonment. |
| Section 342 IPC |
Sentenced to undergo 01 years
rigorous imprisonment. |
| Section 6 POCSO Act |
Sentenced to undergo 10 years
rigorous imprisonment. |
| Section 302 IPC |
Sentenced to undergo 10 years
rigorous imprisonment. |
| Section 201 read with 302
IPC |
Sentenced to undergo 07 years
rigorous imprisonment. |
3. The trial Court in para 96 of its judgment held as under: -
"96. Accused is now 19 years 2 months old. Therefore, according
to Section 20 Juvenile Justice (Care and Protection of Children
Act), Juvenile in conflict with law shall be kept in a
