Criminal Law – Kidnapping and Murder - Appeal Against Conviction - Circumstantial Evidence – Chain Complete – Conviction Upheld – Minor boy kidnapped and strangled by appellant for ransom – Dead body recovered buried in yard at appellant’s instance – Cotton rope and blood-stained clothes recovered – Scientific and postmortem evidence confirmed cause of death as strangulation – All circumstances form unbroken chain pointing to guilt – Conviction under Sections 302, 364A, 201 IPC affirmed [Paras 17–20, 30–33].

Kidnapping for Ransom – Voice Identification – Admissible Without Spectrography – Father of deceased identified appellant’s voice in ransom call – Held: Witnesses known to accused can recognize voice without scientific aid – Evidence of PW-13 trustworthy – No false implication suggested – Demand for ₹10 lakh ransom proved – Offence under Section 364A IPC established [Paras 19, 27–29].

Discovery Under Section 27 Evidence Act – Valid and Admissible – Appellant voluntarily disclosed location of child’s body – Recovered from yard and corroborated by panch witnesses – Discovery of tin barrel, blood-stained clothes, and computer gadgets with matching blood group confirmed involvement – Accused failed to explain incriminating circumstances under Section 313 CrPC – Discovery found reliable [Paras 20, 30–32].

Medical Evidence – Cause of Death Asphyxia – Ligature Marks Noted – Postmortem showed strangulation by cotton rope and contusion on face – Time of death consistent with prosecution version – Held: Medical opinion supports prosecution theory of homicidal death – Cause of death directly linked to accused’s act [Para 14].

Defence Plea – Motive, Ownership of Yard, Political Bias – Rejected – Accused claimed false implication due to complainant’s political connections – Held: No evidence of enmity or false implication – Yard found under accused’s control – Eyewitnesses to burial of body and purchase of salt corroborated prosecution case – Improvements in testimony of one witness immaterial to overall reliability [Paras 10, 21, 33].

Judicial Principles – Circumstantial Evidence – Apex Court Guidelines Reiterated – Held: Each link in the chain of circumstances proved beyond reasonable doubt – All circumstances point solely to guilt of accused – Citing Harishchandra Ladaku Thange, Sharad Birdhichand Sarda, and Padala Veera Reddy cases – Prosecution met legal burden for conviction based on circumstantial evidence [Paras 15–16].

Decision: Appeal dismissed – Conviction of appellant under Sections 302, 363, 364A, and 201 IPC upheld – Sentence of life imprisonment and fines confirmed – Trial Court judgment affirmed in entirety [Final Para].
 

Bail – Alleged Violation of Official Secrets Act – Applicant Honey-Trapped – Bail Granted – Accused, a 23-year-old apprentice, was alleged to have shared names and details of naval vessels with two absconding accused identified as suspected foreign agents – Prima facie it appeared he was seduced through social media chats and lured into giving limited information without criminal intent – Court noted his full cooperation, clean antecedents, and prolonged custody – Held: A case of honey-trap, information not conclusively established as classified, and incarceration likely to derail reform – Bail granted with conditions [Paras 1–27]. 
 
Youth Offender – Reformative Approach – Court Emphasizes Rehabilitation – Applicant’s young age, lack of antecedents, and academic potential weighed heavily – Court invoked principles from Probation of Offenders Act and global penological trends focusing on reform of young offenders – Held: Long incarceration poses risk of pushing young accused into hardened criminality – Reform, not retribution, should guide the approach [Paras 21–26]. 
 
Honey Trap – Intelligence Modus Operandi – Judicial Alarm Raised – Court found the modus operandi of Accused Nos.2 and 3 to be a clear case of honey-trapping through social media – Observed: Youth are vulnerable targets of such covert techniques – Cautioned society at large about cyber-enabled seduction-based espionage – Held: Circumstances indicated the applicant was manipulated into inadvertent disclosures, without understanding the implications [Para 21]. 
 
Official Secrets Act – Prima Facie Evidence – Nature of Shared Information – Court examined the chats and documents to find that most information shared was not evidently classified or sensitive – Drawing shared was part of applicant’s training, and no wilful breach was proven – Held: Classification of shared material and criminal conspiracy are triable issues, not conclusive at bail stage [Paras 13–15]. 
 
Cooperation with Investigation – Full Disclosure – No Tampering – The applicant did not delete chats or withhold access to devices – Prosecution retrieved all data with the applicant’s assistance – Held: Conduct reflects bona fides, meriting consideration for bail [Para 12]. 
 
Decision – Bail Granted with Conditions – Considering the long incarceration (16 months), lack of antecedents, and no flight risk, bail granted – Directed to report to police and court regularly, surrender passport, and refrain from tampering with evidence – Court clarified observations are only for bail and not on merits of the case [Paras 27–28]. 
 

Criminal Law - Sections 498-A and 306 IPC - Suicide – Abetment Not Proved – Acquittal Upheld – No Instigation or Active Role by Accused - The deceased allegedly committed suicide by self-immolation after claimed harassment by in-laws and husband – Court found no proximate evidence of instigation or mental cruelty triggering the act – Accused had been residing separately from deceased – Held: No evidence of abetment or harassment sufficient to invoke Sections 306 or 498-A IPC [Paras 10–12, 19].

Hostile Witnesses – Prosecution Case Undermined – Evidence Inconclusive - Several key witnesses including panch and inquest witnesses turned hostile – Medical officer could not confirm whether burns were suicidal, homicidal, or accidental – Scientific evidence indicated open kerosene jar and stove; incident possibly accidental – Held: Inconclusive cause of death supports acquittal [Paras 10.1–10.8, 11].

Mens Rea – No Mens Rea Established – Mental Element for Abetment Missing - Citing Supreme Court precedent (Mohan, Amalendu Pal), Court reiterated that mere cruelty or quarrel without intent to incite suicide does not attract Section 306 – Held: No proof of sustained provocation, mens rea, or direct incitement by accused [Paras 9–10, 12].

Separate Residence – No Direct Link to In-laws – Charges under Section 114 IPC Fail - The deceased and her husband resided separately from accused Nos. 2 and 3 – Court found no acts of aiding or presence at the time of death – No vicarious liability under Section 114 IPC sustainable [Para 11].

Decision – Appeal Dismissed – Acquittal Confirmed – No Ground for Interference - High Court held Trial Court rightly extended benefit of doubt – No perverse finding or illegality shown – Appeal dismissed; Trial Court's acquittal judgment affirmed [Paras 12–14].
 

Election Petition – Joinder of Contesting Candidates – Section 63(3) read with Section 62(4) of UP Municipal Corporations Act – Defect Not Curable by Amendment – Petition Maintainability Fails – Respondent filed election petition without impleading all contesting candidates – Later moved amendment under Order VI Rule 17 CPC to implead five remaining candidates after expiry of limitation – Held: Joinder of all contesting candidates is mandatory – Non-joinder is fatal – Defect not curable by amendment after limitation – Orders allowing amendment and rejecting recall are unsustainable [Paras 1-20].

Limitation in Election Petition – Thirty-Day Period under Section 62(4) of the 1959 Act – Mandatory Requirement – Amendment Beyond Limitation Invalid – Election petition was filed within limitation but without necessary parties – Held: Amendment to implead necessary parties cannot relate back after expiry of 30-day limitation – Mandatory procedural compliance under special law cannot be overridden by CPC [Paras 11-19].

Code of Civil Procedure – Applicability of Order VI Rule 17 – Limited by Special Statute – Amendment Not Permissible Where Statute Bars Maintainability – Power to Allow Amendment Exists But Cannot Override Statutory Mandates – Held: CPC can supplement but not override statutory mandates – Impleadment under Order I Rule 10 and amendment under Order VI Rule 17 not available where non-joinder of party results in dismissal under special statute [Paras 13-16].

Decision – Amendment Orders Set Aside – Writ Allowed – Court set aside order dated 17.09.2024 allowing impleadment and order dated 29.01.2025 rejecting recall – Held: Amendment could not cure the defect of non-joinder post limitation – Writ petition allowed, question framed answered in favour of petitioner [Paras 20-23].

Bail – Cheating and Forgery – Prima Facie Offence Established – Bail Denied – The petitioner, accused of inducing the complainant to invest Rs.1.73 crores in forged schemes by impersonating an employee of Yes Securities Ltd., failed to show any bona fide investment or return of funds – Investigation revealed the use of fake letters and documents to mislead the complainant – Coaccused declared a proclaimed offender – Held: Allegations are grave, fraudulent intent evident, and continued detention justified at this stage [Paras 5–9]. 
 
Nature of Dispute – Not Merely Civil – Serious Criminal Elements Involved – Court Rejected Argument of Civil Dispute – Despite presence of financial transactions and ledgers, the consistent use of false documentation, impersonation, and deceit elevated the matter beyond a commercial disagreement – Fraudulent inducement supported by forged documents indicative of premeditated criminal conspiracy [Paras 2–6]. 
 
Long Detention – Not a Ground for Bail – Judicial Custody Since June 2023 – Bail Refused – Though the petitioner has been in custody since 05.06.2023 and investigation is complete, the Court held that serious nature of the allegations outweighs the duration of detention – Ongoing trial and gravity of offence warranted continued custody [Para 9]. 
 
Decision – Bail Application Dismissed – Court found no ground to grant bail considering the serious nature of allegations and fraudulent conduct prima facie established during investigation [Para 9]. 
 

Maintainability of Gratuity Claim – Direct Approach to Controlling Authority – Section 7 of the Payment of Gratuity Act – Application Not Mandatory – Claim Allowed – The employer contended that the gratuity claim made directly before the Controlling Authority was not maintainable without first filing an application with the employer – Held: Section 7(2) & (3) impose an independent obligation on the employer to determine and pay gratuity upon exit of the employee, regardless of any formal application – A direct claim before the Controlling Authority is maintainable [Paras 14-15, 30].

Limitation – Rule 7 of MP Rules vs. Parent Act – Gratuity Claim Not Time-Barred – Rule Not Overriding the Statute – The appellant raised limitation under Rule 7 of MP Gratuity Rules – Held: The Act of 1972, being a welfare legislation, overrides the Rules – Rule 7(5) itself clarifies that delay alone does not invalidate the claim – No limitation applies for making a gratuity claim under the Act [Paras 12, 20-21, 23-24].

Interest on Delayed Payment – Section 7(3A) – Automatic Accrual – Interest Mandatory – It was argued that delayed claims should not accrue interest – Held: Interest accrues automatically from the date gratuity becomes payable if not paid within 30 days, unless delay is due to the employee’s fault and Controlling Authority permits such delay – No such circumstance was shown – Interest @10% upheld [Paras 3, 16, 24].

Definition of Employee – Inclusion of Teachers – Amendment of 2009 – Teachers Covered – Initially relying on the Ahmedabad Pvt. Primary Teachers’ Assn. case to exclude teachers – Held: Following 2009 amendment and SC judgment in Birla Institute of Technology v. State of Jharkhand, teachers are now covered as employees under the Act [Paras 5, 29].

Decision – Appeals Dismissed – Employer’s Argument of Maintainability and Limitation Rejected – No Error in Controlling Authority or Learned Single Judge’s Orders – Directed that gratuity with interest be paid within 30 days if not already paid [Para 31].

Criminal Law - Murder – Kidnapping for Ransom – Child Strangulated and Buried – Conviction Upheld – Appellant lured minor child to his home under pretense, strangled him with a cotton rope, and buried the body in a salt-lined tank – Strong circumstantial evidence including discovery of body and incriminating materials at appellant's instance corroborated the prosecution's case – Motive established by ransom demand and neighbor identification of appellant’s voice during ransom call [Paras 2-3, 17-19, 31-33].

Circumstantial Evidence – Chain of Events Complete – All Elements of Crime Proved – The court affirmed that the series of events starting from kidnapping, demand of ransom, concealment of body, and forensic evidence formed an unbroken chain conclusively establishing the appellant’s guilt – No explanation offered by accused under Section 313 CrPC regarding recovered evidence [Paras 17-18, 31-33, 35-37].

Voice Identification – Recognition by Victim’s Father – No Need for Spectrographic Analysis – Complainant PW-13, being a close neighbor, identified the appellant’s voice during ransom call – Supreme Court precedents held sufficient where caller and recipient were well-acquainted – No contradiction in testimony raised sufficient doubt to discard evidence [Paras 31-33].

Final Decision – Appeal Dismissed – Conviction and Sentences Affirmed – Appellant's conviction under Sections 302, 364A, 363, and 201 IPC sustained – Life imprisonment and other sentences upheld – No interference warranted by High Court [Para 40].

Criminal Law – Appeal Against Conviction - Demand and Acceptance – Prevention of Corruption Act – Conviction Set Aside – The complainant alleged that the appellants demanded ₹10,000 as bribe for facilitating land possession – Trap was allegedly conducted and bribe recovered from the Circle Officer – However, material witnesses including the two independent village witnesses and two Trap Team constables who allegedly caught the appellant were not examined – Serious inconsistencies noted in the testimonies of the complainant and verifying officer, including contradiction regarding pending Title Suit and application for possession – Held: Chain of demand and acceptance not proved beyond reasonable doubt – Conviction and sentence set aside [Paras 55-75].

Writ Jurisdiction – Arbitration - Maintainability under Article 227 – Arbitral Tribunal subject to writ jurisdiction in exceptional cases – High Court held that constitutional powers under Article 227 cannot be ousted by Section 5 of the Arbitration and Conciliation Act – Where arbitral tribunal acts without jurisdiction or in violation of fundamental legal principles, writ lies – Held: Petition maintainable due to egregious error and suppression of material facts by the opposite party [Paras 22–46]. 
 
Arbitral Award – Lease Agreement Not Duly Stamped – Legal Consequences – Arbitrator proceeded to pass award despite impounding order and nonpayment of requisite stamp duty – Held: The arbitration proceedings and award based on such an instrument are non-est in law until proper stamping is done – Lease agreement cannot be acted upon until duly stamped and endorsed under Section 42 of the Stamp Act [Paras 47–57]. 
 
Jurisdictional Illegality – Violation of Mandatory Law – Arbitrator exceeded jurisdiction by proceeding with award on an impounded document not regularised under law – Held: Award suffers from patent illegality and is liable to be set aside – Arbitration cannot be sustained unless statutory compliance is ensured [Paras 58–60]. 
 
Decision – Award Set Aside – Arbitration Kept in Abeyance – Court directs the Collector to collect stamp duty and penalty as per Stamp Act – Arbitration to recommence only upon satisfaction of legal formalities – No order as to costs [Paras 61–64].