Criminal Law – Rape – Acquittal Appeal – Application for leave to appeal against acquittal – Delay in filing condoned – Facts involve alleged rape of a 13-year-old girl by the respondent – Prosecutrix’s testimony graphic but lacked corroboration from medical evidence – MLC recorded as assault, not sexual assault – Benefit of doubt granted to accused – Application for leave to appeal dismissed [Paras 1-19].

Condonation of Delay – 138 days – Allowed – Application seeking condonation of delay in filing leave to appeal application granted considering the reasons stated [Para 2].

Facts and Allegations – Incident alleged on 09.03.2018 – Prosecutrix, aged about 13, allegedly raped by respondent in her hutment in the absence of parents – Prosecutrix reported incident to police on 13.03.2018 – Medical examination conducted on 10.03.2018 indicated assault, not sexual assault – FIR registered with delay explained by prosecutrix’s initial failed attempt to lodge complaint on 09.03.2018 [Paras 5-8].

Testimony and Medical Evidence – Discrepancy – Prosecutrix’s statement detailed and graphic, describing the assault and threat by the respondent – Medical examination conducted 19 hours after alleged incident showed no injuries, no signs of recent intercourse, and hymen not intact – MLC noted history of assault but did not specify sexual assault – Absence of injuries and medical findings critical in assessment [Paras 7-16].

Prosecutrix’s Age – Evidence and Discrepancy – School register presented showing age below 13 years, but produced as photocopy without original or corroborative testimony – Radiological report estimated age between 13 to 15 years – Discrepancy unresolved satisfactorily affecting the prosecution’s case [Para 17].

Prosecution and Defense – Prosecution alleged deliberate attempt to conceal genesis of offense – Defense highlighted previous enmity and possible motive for false accusation – Prosecution failed to produce doctor as witness to clarify MLC findings – Benefit of doubt extended to accused due to unresolved discrepancies [Paras 12-18].

Legal Principles – Sufficiency of Prosecutrix’s Testimony – Trial court emphasized testimony of prosecutrix alone can be sufficient for conviction if credible – High Court agreed but found prosecutrix’s testimony uncorroborated by medical evidence – Benefit of doubt necessitated acquittal [Paras 15-18].

Decision – Leave to Appeal Denied – Impugned judgment found reasonable and plausible – Appeal dismissed as evidence did not sufficiently establish guilt beyond reasonable doubt – Prosecution’s case weakened by lack of medical corroboration and unresolved age discrepancy [Para 19].

Murder Acquittal Upheld – Criminal Appeal against Sessions Court Acquittal – Respondent acquitted of charges under Section 302 IPC – High Court finds no conclusive evidence of commission of the offence by the respondent, raises concerns about the credibility and sufficiency of prosecution evidence – Observes unnatural behavior and inconsistent testimonies of key witnesses – Benefit of doubt extended to respondent – Appeal dismissed. [Paras 1-30]

Evidence and Witness Testimony – Analysis of witness credibility and evidence reliability – High Court finds major inconsistencies in witness testimonies and procedural lapses in investigation – Noted discrepancies in witness accounts of the incident, including the behavior and actions of the victim and respondent – Lack of direct evidence linking respondent to the crime scene with definitive forensic evidence – Prosecution fails to prove the case beyond reasonable doubt. [Paras 13-29]

Judicial Approach to Doubt and Suspicion – Emphasizes that suspicion, regardless of degree, cannot replace proof in criminal law – Benefit of doubt necessarily given to the accused, especially in cases of serious allegations such as murder – Importance of credible, reliable, and conclusive evidence highlighted in criminal proceedings. [Para 29]

Decision – Dismissal of Appeal – High Court dismisses appeal by the State, upholding the Sessions Court’s acquittal of Prem Raj alias I.D. – Finds no merit in the appeal based on the evidential review and witness analysis – Affirms the trial court’s judgment favoring the respondent. [Para 30] [Para 30].

Civil Procedure – DNA Test for Establishing Paternity in Partition Suit – Kerala High Court Decision on Strong Prima Facie Case Requirement.

DNA Test – Suit for partition involving claim of paternity – Plaintiff seeks sibling DNA test to establish her father was the deceased, Sri Kuttikrishnan Nair – Trial court allows application for DNA test – Defendants challenge the order in Kerala High Court – High Court evaluates evidence to determine if strong prima facie case exists for ordering DNA test – Court finds plaintiff’s evidence, mostly hearsay, insufficient to establish a strong prima facie case – High Court sets aside the trial court’s order allowing the DNA test, emphasizing the necessity of substantial evidence to justify such an intrusive procedure [Paras 1-19].

Evidence Evaluation – High Court scrutinizes evidence presented by the plaintiff – Plaintiff’s knowledge of paternity based on hearsay – Other witnesses also provide hearsay evidence – Court holds that a strong prima facie case must be established with concrete evidence to order a DNA test – DNA test should not be used as a fishing expedition for evidence [Paras 16-17].

Decision – Setting Aside Trial Court Order – Held – The trial court’s order allowing the DNA test is set aside due to lack of a strong prima facie case by the plaintiff – The court emphasizes the potential adverse impact of a DNA test on defendants and the requirement for substantial evidence before permitting such tests – Matter remanded to trial court for proceeding in accordance with law without the observations from the High Court’s judgment influencing the trial [Para 19].

Civil Procedure – Revision Petition under Section 115 CPC challenging dismissal of application under Order VII Rule 10 & 11 – The High Court examined the Trial Court's decision on territorial jurisdiction and limitation period – Petitioner's plea that the suit was barred by limitation rejected due to acknowledgment of debt by part payments and dishonored cheques – Revision petition dismissed with costs [Paras 1-13].

Limitation Period – Acknowledgment of Debt – High Court held that part payment and dishonored cheques extended the limitation period – Referenced Section 18 of the Limitation Act, 1963 – Distinguished from previous cases where no such acknowledgment was present – Suit filed within the extended limitation period was deemed valid [Paras 8-12].

Territorial Jurisdiction – Trial Court's jurisdiction affirmed based on registered office location as per Memorandum of Association – Plaintiff's registered office in Delhi sufficient for jurisdiction despite invoices showing addresses in Gurgaon and Greater Noida [Para 4].

Decision – Dismissal of Revision Petition – Held – The revision petition is dismissed with a cost of Rs. 25,000 to be deposited with the Delhi High Legal Services Committee – High Court confirmed the Trial Court's findings on jurisdiction and limitation, upholding the suit's validity [Para 13].

Criminal Law – Sentencing for Conspiracy and Terrorism-related Offences – High Court considered appeals against sentences for various offences under the IPC and UAPA – Appellants had pleaded guilty and were sentenced to life imprisonment for the most serious offences – Appeals focused on the extent and legality of sentences, particularly challenging life sentences as unduly harsh – Court reduced life sentences to rigorous imprisonment for ten years, taking into account appellants' remorse, young age, and clean antecedents [Paras 1-59].

Plea of Guilt – Voluntariness and Legal Implications – Appellants contended their plea of guilt was akin to plea bargaining and not fully voluntary – High Court dismissed this contention, affirming that appellants were adequately informed of consequences and had time to reconsider – Plea of guilt considered voluntary and legally binding [Paras 8-15, 11].

Sentencing Principles – Application of Mitigating Factors – High Court balanced the gravity of offences with mitigating circumstances – Considered appellants' young age, remorse, and potential for rehabilitation – Court emphasized that sentencing should not be solely punitive but also aim at reformation – Reduced life sentences to ten years rigorous imprisonment for Section 121A IPC and Section 23 UAPA [Paras 36-59].

Decision – Modification of Sentences – Appeals allowed in part – Life sentences for offences under Section 121A IPC and Section 23 UAPA reduced to rigorous imprisonment for ten years – Sentences for other offences and monetary fines remained unaltered – Order for communication to Trial Court and Jail Authorities for compliance [Paras 59-62].

Negotiable Instruments Act – Compounding of Offence – Petitioners sought to compound the offence under Section 138 of the N.I. Act – Application dismissed by the appellate court due to lack of consent from the complainant – Court emphasized that consent of the complainant is essential for compounding under Section 147 of the N.I. Act – Distinguished from the Supreme Court’s rulings in M/s Meters and Instruments Pvt. Ltd. And Damodar S. Prabhu, which stress the necessity of consent for compounding – Application of Section 482 Cr.P.C. without complainant’s consent not permitted [Paras 1-20].

Jurisdiction and Powers of Courts – Section 147 of the N.I. Act – The court does not have inherent powers to compound the offence under Section 138 of the N.I. Act without the complainant’s consent – Reference made to the recent Supreme Court ruling in Raj Reddy Kallem, reinforcing the necessity of complainant’s consent [Paras 13-14].

Decision- Petition dismissed – Upheld the order of the Additional District Judge – Reiterated the requirement of complainant’s consent for compounding under Section 147 of the N.I. Act – Rejected the application under Section 482 Cr.P.C. in the absence of complainant’s consent [Para 20].

Criminal Law – Cancellation of Anticipatory Bail – Factors Considered – Criminal petitions filed under Section 439(2) of Cr.P.C. for cancellation of anticipatory bail granted to private respondents in a case involving allegations under Sections 323, 406, 498-A, 506, and 34 IPC, and Section 25 of the Arms Act – Anticipatory bail granted by the Additional Sessions Judge, Faridabad – Petitioners argued non-recovery of dowry articles and misuse of bail – Court holds non-recovery of dowry articles not a sufficient ground for cancellation of anticipatory bail – Petitioner failed to demonstrate misuse of bail or influence on witnesses by respondents – Petitions dismissed.

Cancellation of Bail – Relevant Factors – Analysis – Held – To cancel bail, there must be evidence of misuse of bail, influence on witnesses, or violation of bail conditions by the accused – Court found no such evidence against the respondents – Emphasizes distinction between cancellation of bail and setting aside bail order based on supervening circumstances.

Decision – Petitions for Cancellation of Bail – Dismissed – Petitions seeking cancellation of anticipatory bail granted to respondents by Additional Sessions Judge, Faridabad, dismissed due to lack of sufficient grounds such as misuse of bail or intimidation of witnesses – Non-recovery of dowry articles alone insufficient to warrant cancellation

Service Law – Disciplinary Proceedings – Bank employee accused of temporary misappropriation of Rs. 35,000 – Initial punishment of discharge from service by disciplinary authority – Central Government Industrial Tribunal modified penalty to reinstatement with 50% back-wages and stoppage of two increments – Single Judge partially upheld Tribunal’s decision, modifying penalty to reinstatement with 20% back-wages and stoppage of five increments – Appeals filed by both delinquent employee and Bank Management [Paras 1-3, 10-14].

Section 11A of the Industrial Disputes Act – Tribunal’s power to modify punishment – Tribunal's discretion in modifying penalties must be exercised judiciously, considering the gravity of the misconduct and the employer's loss of confidence in the employee – High Court held that Tribunal’s interference with the disciplinary authority’s penalty of discharge was unjustified given the proven misconduct and breach of trust by the employee [Paras 6-13].

Decision – Appeals by Bank Management allowed – Appeals by delinquent employee dismissed – Original penalty of discharge from service upheld – Tribunal’s and Single Judge’s orders modifying the punishment set aside [Paras 14].

Arbitration – Extension of Arbitral Tribunal's Mandate –  Arbitration Law – Applications filed under Section 29(A)(4) and Section 29(A)(5) of the Arbitration & Conciliation Act, 1996 – M/s Geo Miller & Co. Pvt. Ltd. and GPT Infraprojects Limited sought extension of arbitral tribunal’s mandate – High Court appointed arbitrators under Section 11 of the Act – Issues related to jurisdiction and conflicting precedents regarding the maintainability of such applications before the High Court or Principal Civil Court of original jurisdiction – Previous judgments by Coordinate Benches considered. [Paras 1-4, 6-7]

Judicial Precedents – Conflicting Judgments – Doctrine of Stare Decisis – Supreme Court’s guidance on handling conflicting judgments of Coordinate Benches – Earlier decisions to be followed until overturned or clarified by a Larger Bench – Judgment in Indian Farmers Fertilizers Cooperative Limited vs. Manish Engineering Enterprises highlighted as binding precedent – Reference to Larger Bench on related issues. [Paras 8-24]

Decision – Maintainability of Applications under Section 29A – Judgments in Lucknow Agencies and Indian Farmers Fertilizers delineated different factual scenarios – Applications under Section 29A maintainable before High Court when arbitrator appointed under Section 11 by High Court – Earlier judgment in Indian Farmers Fertilizers holds precedence over A’Xykno Capital Services. [Paras 25-33]