Parole – Premature Release Pending Governor’s Decision – Granted – Petitioner, serving life imprisonment, sought release on parole pending the Governor’s decision on premature release – Court relied on Rashidul Jafar @ Chota vs. State of Uttar Pradesh, where premature release policies were deemed applicable without arbitrary delays – Held: Parole granted for 90 days to prevent undue incarceration during pendency of the Governor’s decision [Paras 10-15].

Premature Release Policies – Timely Processing by Committees Mandated – Advisory Committee recommended premature release, yet the final decision was delayed – Court directed the Life Convicts Release Committee to meet bi-monthly to expedite pending applications, following Rashidul Jafar principles – Held: Delay in convening meetings cannot deny eligible convicts their rights under remission policies [Paras 12-13].

Parole Conditions – Accountability and Conduct – Court imposed conditions for parole: no involvement in criminal activities and liberty to seek extension if required – Directed jail authorities to communicate compliance via electronic means [Para 18].

Decision: The writ petition was allowed. The petitioner was granted parole for 90 days, with liberty to seek an extension. The court directed the respondents to ensure the parole conditions were complied with and ordered the Registry to communicate the decision electronically to the jail authorities.

Matrimonial Law – Cruelty and Desertion – Absence of Evidence – Divorce Denied - Appellant-husband’s suit for divorce was dismissed due to lack of cogent evidence on cruelty – Allegations of cruelty, including attempted suicide, office complaints, and abusive behavior, were unsupported by medical or third-party evidence – Evidence from P.W.2 (plaintiff’s mother) found hearsay, lacking credibility [Paras 7-16].

Principles of Natural Justice – Inadequate Opportunity to Argue – Remand Ordered - Trial Court dismissed the suit on the same day evidence was adduced, without sufficient consideration of arguments advanced by the appellant – Held: This violated principles of natural justice, warranting remand for fresh consideration [Paras 18-21].

Irretrievable Breakdown – Consistent Absence of Wife – Grounds for Divorce Revisited - Respondent-wife’s persistent absence from proceedings indicated animus revertendi and irretrievable breakdown – While not a formal ground under Indian law, Court emphasized the pragmatic need to consider irretrievable breakdown under desertion and cruelty [Paras 22-26].

Opportunity for Amendment – Claim of Desertion Expanded – Further Evidence Allowed - Court allowed the appellant to amend the plaint to incorporate new facts of consistent absence and furnish further evidence to support grounds of desertion and cruelty [Paras 28-30].

Decision: Appeal allowed. Judgment of the Trial Court set aside. Case remanded for reconsideration with directions to allow amendment of the plaint and submission of further evidence. No costs awarded [Paras 31-33].
 

Service Law – Deployment Order – Validity Upheld – Petition challenged a deployment order transferring the petitioner to the Belagavi Bench, contending lack of jurisdiction by the Chairman of the Tribunal – Court held that Section 13(1A) of the Administrative Tribunals Act grants wide superintendence powers to the Chairman, including issuing deployment orders – Deployment upheld [Paras 10-13].
Employee Conduct – Insubordination and Disobedience – Charges Proven – Petitioner failed to report for duty at the assigned Bench, signed attendance at the Bengaluru Bench after being relieved, and used inappropriate language with the Chairman – Court observed such behavior constitutes serious misconduct – Held: Punishment of withholding two increments with cumulative effect was lenient and proportionate [Paras 14-16].
Suspension During Disciplinary Enquiry – Justified – Suspension was challenged as arbitrary – Court noted suspension is a permissible administrative measure during disciplinary proceedings, especially given the gravity of charges – Held: No illegality in suspension or subsequent enquiry [Para 18].
Judicial Review – Limited Scope in Punishment Decisions – Court reiterated that disciplinary authority holds exclusive jurisdiction to decide on penalties unless manifestly disproportionate or contrary to law – Punishment of withholding increments upheld as reasonable [Para 20].
Costs Imposed – Frivolous Petition – Petitioner’s claims were deemed devoid of merit and indicative of misuse of judicial process – Cost of ₹10,000 imposed, payable to the Karnataka State Legal Services Authority within six weeks, with a penalty of ₹100 per day for delay [Para 22].

Decision: The writ petition was dismissed, and the disciplinary action, including the withholding of two increments with cumulative effect, was upheld. Costs of ₹10,000 were imposed on the petitioner for filing a frivolous petition, payable to the Karnataka State Legal Services Authority within six weeks. Any delay in payment would attract an additional levy of ₹100 per day.
 

Criminal Law - Double Murder – Conviction Upheld Under Section 302 IPC – Bhupinder Singh convicted for the murder of his mother-in-law and brother-in-law using a licensed revolver – Eye witness testimony corroborated by ballistic evidence and post-mortem reports – Court upheld conviction, citing unimpeachable evidence and absence of procedural lapses [Paras 40-45, 50].

Recovery of Weapon – Section 27 Evidence Act – Credible and Admissible – The revolver and cartridges recovered based on the accused's disclosure statement were proven to have been used in the murders – Ballistic expert confirmed cartridge cases matched the recovered revolver, establishing a direct link to the crime [Paras 28-32, 48].

Witness Credibility – Testimonies of PW-2 and PW-3 Reliable – Eyewitness accounts were consistent and corroborated by medical and forensic evidence – Court rejected defense arguments of fabrication and contradictions as minor inconsistencies [Paras 19-25, 55].

Motive – Non-Essential in Eyewitness-Based Cases – Defense raised lack of motive; Court clarified that motive is irrelevant when credible eyewitness testimony and forensic evidence establish guilt [Paras 54, 58].

Enhancement of Fine – Victim Compensation Granted – The fine imposed under Sections 25 and 27 of the Arms Act enhanced from ₹5,000 and ₹7,000 to ₹50,000 each – Directed compensation to the legal heirs of the deceased [Paras 60-62].

Decision: The conviction and sentence under Section 302 IPC and Sections 25/27 of the Arms Act were upheld. CRA-D-1365-DB-2013 was partly allowed, enhancing the fines imposed and directing their payment as victim compensation. All sentences to run concurrently.

Criminal Law - Age Determination – Procedural Deficiency – Conviction Under POCSO Act Set Aside – The appellant challenged the victim’s age, arguing insufficient evidence to prove her minority – Court noted reliance solely on a bonafide certificate (Ex.P17), with no corroborating school admission or birth certificate, nor an ossification test – Held: Victim’s age could not be conclusively proved as below 18 years; POCSO Act charges were not attracted [Paras 10-16].

Consent in Sexual Relationship – Conviction for Rape (Section 376 IPC) Set Aside – Evidence revealed consensual intimacy between the appellant and the victim over time – Court observed no evidence of force or coercion in the relationship; victim disclosed allegations only after discovering pregnancy – Held: No offence of rape established [Paras 17-21].

Inducement for Marriage – Conviction Under Section 417 IPC Sustained – Appellant induced the victim under the pretext of marriage but subsequently married another woman – Court upheld conviction under Section 417 IPC for cheating the victim [Para 22].

House Trespass (Section 448 IPC) – Conviction Quashed – The appellant’s visits to the victim’s house were consensual and not proven to constitute house trespass – Held: Conviction under Section 448 IPC set aside [Para 23].

Decision: The criminal appeal was partly allowed. Convictions under Section 6 of the POCSO Act, and Sections 448 and 376(2)(n) IPC were set aside. The conviction under Section 417 IPC was sustained with a one-year sentence. The appellant was ordered to be released immediately, considering his incarceration duration, unless required in any other case.

Criminal Law – NDPS Act – Conviction and Appeal – Non-Compliance Allegations Rejected - Appellant convicted under Section 20(b)(ii)(B) of the NDPS Act by the Special Judge, Bijni, for possessing cannabis weighing approximately 40.4 kg – Sentenced to 3 years and 6 months of rigorous imprisonment and a fine of Rs. 20,000, with a default sentence of 60 days’ rigorous imprisonment – Appellant challenged the judgment on grounds of non-compliance with procedural safeguards under the NDPS Act, particularly Sections 42(2), 52A, 55, and 57 [Paras 2, 4].

Seizure Process – Compliance with Section 42(2) NDPS Act - Appellant argued that mandatory reporting to the superior officer under Section 42(2) was not followed – Prosecution evidence established that the search and seizure were conducted under the direct supervision of the SDPO, who issued the authorization letter (Exhibit-3) – Court held that since the superior officer was directly involved in the operation, compliance with Section 42(2) was adequate – Appellant’s claim of non-compliance rejected [Paras 33–34].

Chain of Custody – Malkhana Records and FSL Examination - Appellant contended that the chain of custody was not established as the malkhana register was not produced – Court noted that the malkhana in-charge issued a receipt (Exhibit-8), acknowledging custody of the seized articles, which was corroborated by other prosecution evidence – Delay of one day in forwarding the samples to FSL was not deemed fatal as samples were found sealed and properly marked upon receipt by FSL – Prosecution successfully established chain of custody [Paras 45–51].

Inventory and Compliance with Section 52A NDPS Act - Appellant alleged non-compliance with Section 52A, claiming the Magistrate’s certification of the inventory (Exhibit-9) was unsubstantiated – Evidence showed that samples were drawn in the presence of the Magistrate, and the inventory was certified – Court held that the absence of the Magistrate’s testimony did not undermine the compliance, as records and certification sufficed to establish procedural adherence [Paras 39–40].

Independent Witnesses – Credibility of Evidence - Appellant argued that independent witnesses (P.W.2, P.W.4) did not support the seizure – Court observed that while witnesses were unaware of the contraband’s contents, they confirmed their presence at the scene and signed the seizure list – Their testimony did not contradict the prosecution’s case, and the evidence of official witnesses corroborated the seizure [Paras 28–31].

Reverse Burden of Proof – Section 35 and Section 54 NDPS Act - Court reiterated that the reverse burden under Sections 35 and 54 of the NDPS Act becomes applicable after the prosecution establishes a prima facie case – Prosecution proved the seizure of cannabis from the appellant’s possession, shifting the burden to the appellant to rebut the presumption – Appellant failed to provide any rebuttal evidence [Paras 52–56].

Decision: Appeal dismissed – Conviction and sentence under Section 20(b)(ii)(B) of the NDPS Act upheld – Prosecution proved the case beyond reasonable doubt, and the trial court’s judgment was found to be based on proper appreciation of evidence and law – Appellant to serve the sentence imposed by the trial court [Paras 57–58].
 

Criminal Law - Attempt to Murder – Section 307 IPC – Conviction Upheld – Appellant accused of grievously injuring a woman using a sharp weapon (darat), resulting in life-threatening injuries – Victim’s testimony corroborated by medical evidence and circumstantial findings – Trial Court’s judgment upheld [Paras 28-33].

Credibility of Injured Witness – Testimony Deemed Reliable – Court observed the victim's testimony as credible and consistent with medical evidence – Discrepancies pointed out in minor details were not sufficient to discredit the victim – Held: Injured witness testimony carries significant probative value unless major contradictions exist [Paras 34-38].

Test Identification Parade – Not Substantive Evidence – No Adverse Inference – Argument of procedural flaws in test identification parade dismissed – Court emphasized substantive evidence is identification in court; test identification serves only corroborative purposes [Paras 42-45].

Defensive Plea – Lack of Motive and Falling from a Tree – Rejected – Appellant’s contention that injuries were caused by a fall contradicted by medical evidence indicating sharp weapon use – Held: Defence unsubstantiated and inconsistent with evidence on record [Paras 46-50].

Sentence – Life Imprisonment Under Section 307 IPC – Proportionate – Considering the nature and gravity of injuries, the Court upheld the life sentence and fine imposed, rejecting pleas for reduction of sentence as excessive [Paras 51-55].

Decision: The appeal was dismissed. The Himachal Pradesh High Court upheld the conviction and sentencing of the appellant to life imprisonment under Section 307 IPC and other punishments under Sections 326 and 354 IPC.

Professional Misconduct – Clause (7), Part I, Second Schedule, Chartered Accountants Act, 1949 – Gross Negligence – Issuance of Utilization Certificates without adequate verification – Council of ICAI held respondent guilty of professional misconduct for certifying financial statements without corroborating documents and failing to disclose reliance on other sources – Negligence deemed gross in nature due to lack of diligence in ensuring accuracy – Respondent found guilty of misconduct under Clause (7) [Paras 38-41, 61].

Standard of Proof in Professional Misconduct – Preponderance of Probabilities with Higher Threshold – Disciplinary proceedings under the Chartered Accountants Act do not require proof beyond reasonable doubt but demand a standard higher than mere balance of probabilities – Court clarified the burden of proof in professional misconduct cases, citing domestic and international jurisprudence [Paras 48–60].

Modification of Punishment – Severe Reprimand Instead of Removal from Membership – Considering the respondent’s three-decade-long career without prior complaints and the 19-year delay in proceedings, Court reduced the recommended penalty from removal of name from ICAI Register to a severe reprimand – Reference disposed of with modified penalty [Paras 62–66].

Decision: The respondent, CA Shri Subhajit Sahoo, was held guilty of professional misconduct under Clause (7), Part I, Second Schedule of the Chartered Accountants Act, 1949. The Court modified the ICAI Council’s recommendation, replacing the removal of his name from the Register of Members for one year with a severe reprimand.
 

Criminal Law - Juvenile Justice – Determination of Age – Reassessment Ordered - The JMFC, Bhind, determined the revisionist's age as below 18 years on the date of the offense based on school certificates showing the birth date as 02.07.2006 – Additional Sessions Judge remanded the case for fresh inquiry due to conflicting documents submitted by the complainant suggesting the birth date as 08.06.2005 – Held: Discrepancy in evidence necessitates a comprehensive inquiry under Section 94 of the JJ Act, ensuring all parties have the opportunity to present evidence [Paras 1-15].

Priority of School Records – Legal Standards for Age Determination – Documentary Proof Prevails Over Medical Opinion - Court reaffirmed precedence of official school records over medical opinions for age determination – Medical tests should only be used when documentary evidence is unavailable or unreliable – Application of Section 94 and Rule 12 emphasized for comprehensive assessment [Paras 16-20].

Role of Court – Balancing Juvenile Protection and Prevention of Abuse – Principles Applied - Court noted the necessity of ensuring juvenile protection benefits are not misused to evade justice – Hypertechnical approaches discouraged; however, thorough inquiries mandated in cases of doubt or conflicting evidence [Paras 21-25].

Decision: Revision dismissed. The remand order for conducting a fresh inquiry into the age of the revisionist upheld. Both parties directed to present all relevant documents to the JMFC, Bhind, for appropriate adjudication under the JJ Act [Paras 26-28].