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As per case facts, the appellant, a Child in Conflict with Law (CCL), was convicted for heinous offenses. The Juvenile Justice Board (JJB) conducted a preliminary assessment and transferred the
...case to the Children's Court, but failed to follow mandatory procedures such as serving the psychologist report and allowing a response. The Children's Court then proceeded to frame charges without conducting its own required inquiry. The CCL appealed, arguing that procedural mandates of the JJ Act, 2015, and its Rules were violated. The question arose whether the preliminary assessment and trial adhered to the mandatory provisions of the JJ Act, 2015, and its Rules regarding inquiries and procedural fairness. Finally, the High Court determined there was a complete violation of mandatory procedures by both the JJB and the Children's Court. Recognizing the impossibility of conducting a retrospective inquiry into the CCL's capacity, the High Court quashed the entire trial and the impugned judgment, as it was vitiated by gross procedural non-compliance.
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