Certificate of Residence – Issuance and Cancellation – Petitioner challenged the cancellation of her Resident Certificate by the Sub-Collector, Balasore, which was initially issued by the Tahasildar after proper inquiry – Sub-Collector’s order was based on the claim that the petitioner’s family is native to village-Bhimpur – High Court found the cancellation unjustified, emphasizing that residency can be established by continuous residence and other supporting documents [Paras 1-13].

Procedure under Miscellaneous Certificate Rules – Inquiry and Evidence – High Court reviewed the inquiry report by the Revenue Supervisor, confirming petitioner’s residency in Paikasta – Documentary evidence such as RoR, Voter ID, and other records were considered sufficient – Court highlighted the need for procedural fairness and the proper assessment of evidence by authorities [Paras 11-13].

Decision – Writ Petition Allowed – Held – Sub-Collector’s order cancelling the Resident Certificate set aside – Resident Certificate issued by Tahasildar restored – Emphasized the validity of residency claims based on continuous residence and documentary evidence as per the Miscellaneous Certificate Rules [Para 17].

Counterfeit Currency – Acquittal Appeal – State appealed against the acquittal of accused charged with possession and trafficking of counterfeit currency under IPC Sections 489(A), (B), (C), and (D) – High Court upheld the trial court's judgment acquitting the accused – Emphasized the requirement of mens rea and the prosecution's failure to establish knowledge of counterfeit nature [Paras 1-21].

Evidence and Procedure – Hostile Witnesses – Panch witnesses turned hostile, and no concrete evidence was provided to connect accused with the counterfeit currency – Investigating officer's failure to verify currency authenticity independently criticized – Court noted procedural lapses and lack of corroborative evidence [Paras 11-15].

Mens Rea and Legal Standards – Court reiterated the necessity of proving mens rea for offenses under IPC Sections 489(B) and (C) – Prosecution failed to prove that accused knew or had reason to believe the currency was counterfeit – Relied on Supreme Court precedents emphasizing mens rea as essential element [Paras 13-14].

Uniform Impersonation – Allegations under Section 171 IPC – Court found no evidence that accused impersonated police officers – Presence of khaki dress insufficient to prove impersonation – Emphasized need for clear proof of intent to deceive [Para 18].

Decision: Appeal dismissed – Acquittal confirmed – Trial court's judgment upheld, citing lack of evidence and procedural errors by prosecution [Paras 19-21].

Murder and Destruction of Evidence – Acquittal Appeal – State challenged acquittal of accused for murder and destruction of evidence – High Court upheld acquittal, noting lack of evidence connecting accused to the crime – Focused on the absence of credible material proving involvement in the murder or subsequent destruction of evidence [Paras 1-15].

Evidence and Witness Testimony – Prosecution's Failure – Court highlighted prosecution's failure to provide concrete evidence – Panch witnesses and key testimonies did not support prosecution’s case – Investigating officer's failure to substantiate claims criticized [Paras 10-10.1].

Legal Principles and Standards – Mens Rea and Burden of Proof – Emphasized the necessity of proving mens rea and the burden of proof on the prosecution – Referenced key Supreme Court rulings underscoring the principles of criminal jurisprudence, including presumption of innocence and requirement for proof beyond reasonable doubt [Paras 11-13].

Decision: Appeal dismissed – Acquittal confirmed – Trial court's judgment upheld due to lack of compelling evidence against the accused [Paras 14-15].

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].

Criminal Law – Kidnapping – Probation of Offenders – The appellant was convicted under Section 363 IPC and sentenced to three years of simple imprisonment and a fine of Rs.300/-. On appeal, the appellant did not contest the conviction but sought the benefit of probation under the Probation of Offenders Act, 1958. The court noted that the appellant had no prior criminal record and had faced trial and its mental agony for over 31 years. Considering the appellant’s age (67 years) and peaceful conduct since release on bail, the court deemed it appropriate to extend the benefit of probation. [Paras 1-14]

Judicial Discretion – Sentencing – Rehabilitation – The court emphasized the reformative purpose of the Probation of Offenders Act, highlighting that probation aims to rehabilitate offenders without subjecting them to the negative effects of incarceration. The court referenced several precedents underscoring the importance of probation for first-time and minor offenders to promote their reintegration into society. [Paras 5-13]

Decision – Probation Granted – The court maintained the conviction but modified the sentence. The appellant was released on probation for two years, with conditions to maintain peace and good behavior. The appellant was required to furnish a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each. The appellant’s bail bonds were cancelled, and he was granted two months to comply with the probation requirements. [Paras 14-15]
 

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].

Domestic Violence – Proceedings under Section 12 of D.V. Act challenged – Petitioner claims respondent already receiving maintenance from salary and under Section 125 Cr.P.C – Magistrate issued notice for response, no interim monetary compensation ordered – Legal position on scope of notice under Section 12 clarified by Supreme Court – Petition dismissed, premature challenge by petitioner – Open to petitioner to pursue matter before trial Magistrate [Paras 1-9].

Limitation – Petition under Section 12 of D.V. Act not barred by limitation – Supreme Court held application under Section 12 need not be filed within one year of alleged acts of domestic violence – Petitioner's contention rejected as without substance [Para 8].

Decision – Dismissal of Petition – Held – The petition lacks merit and is dismissed, petitioner directed to address the trial Magistrate as per legal procedure. [Para 9].