Criminal Law – Quashing - Medical Termination of Pregnancy – Authorization and Gestational Age – Held: Sunrise Hospital was authorized to conduct MTP up to 16 weeks – Normal gestational age calculation using LMP showed pregnancy was within the permitted limit – No violation of Section 5(3) of the MTP Act – Proceedings quashed [Paras 6, 12-14].

Medical Termination of Pregnancy – Validity of Approval – Renewal Requirement – Held: MTP Rules do not prescribe a validity period for the approval certificate unless canceled or suspended – Since the hospital’s approval was not revoked, it remained valid – MTP conducted within authorized parameters [Paras 13-14].

Criminal Liability – Allegation of Destroying Evidence – Section 201 IPC – Held: No legal mandate requiring doctors to preserve the fetus voluntarily – Police instruction to preserve the fetus was given only after destruction – Petitioner promptly reported the crime – No intention to screen the offender – Section 201 IPC not attracted [Paras 17-22].

Legislative Recommendation – Need for Mandating Fetal Preservation in POCSO Cases – Held: No existing law mandates automatic preservation of the fetus in MTP cases involving minor victims – Court directed the State and Central Legislatures to consider amending the law – Interim direction issued to the Kerala Health Department to mandate fetal preservation until further legislation is enacted [Paras 25-26].

Decision – Criminal proceedings quashed – Direction issued to State Health Department to implement mandatory fetal preservation in POCSO-related MTP cases – Copy of judgment to be forwarded to law secretaries of Kerala and Union of India for legislative consideration [Paras 24-26].
 

Criminal Law – Circumstantial Evidence – Murder and Robbery – Conviction Upheld – The appellants were convicted under Sections 302, 120-B, 392, and 411 IPC for the murder of an elderly woman and robbery of her valuables – Held: The prosecution successfully established a chain of circumstantial evidence, including last-seen theory, recovery of stolen articles, call detail records, and forensic analysis – The appellants failed to provide any plausible explanation for their presence at the crime scene and possession of stolen goods – High Court upheld the trial court’s findings [Paras 47-49].

Last Seen Theory – Reliability of Witness Testimony – Role of Accused – The prosecution relied on the testimony of the deceased’s maid, who saw the prime accused near the crime scene before the incident – Held: The testimony of a long-term maidservant was found reliable and corroborated by call detail records and forensic evidence – No evidence of false implication was established – High Court held that the last-seen theory was applicable in the given circumstances [Paras 18-21, 47].

Forensic Evidence – Fingerprint Analysis – Admissibility of Expert Report – Chance prints lifted from the crime scene matched those of the accused – Held: The forensic evidence was collected and examined following due process – The expert report under Section 293 CrPC was admissible and corroborated other circumstantial evidence – The defence’s objections regarding mismatched dates were found inconsequential – High Court rejected claims of fabrication [Paras 36-39].

Recovery of Stolen Articles – Admissibility of Disclosure Statements – Section 27 Evidence Act – The stolen gold and cash were recovered from locations identified by the accused – Held: Recovery of stolen goods from places exclusively known to the accused created a strong presumption of guilt – The court relied on Supreme Court precedents to affirm the evidentiary value of such recoveries – The plea that disclosure statements were inadmissible was rejected [Paras 28-35].

Res Judicata in Criminal Proceedings – Abuse of Process – The accused contended that they were falsely implicated due to pressure from the victim’s family – Held: Mere allegations of influence without evidence cannot override well-established circumstantial proof – The defence witnesses failed to discredit the prosecution’s case – The court observed that raising frivolous allegations amounted to an abuse of process [Paras 42-44].

Decision – Appeals dismissed – Convictions upheld – The appellants were found guilty of robbery and murder – Sentences of life imprisonment and fines confirmed – No interference warranted in the trial court’s judgment [Paras 48-50].

Scope of Section 100 CPC – Exercise of Second Appellate Jurisdiction – High Court can interfere with lower courts’ findings only when there exists a substantial question of law – Interference with findings of fact not warranted unless perverse or based on no evidence – Held: The concurrent findings of the Trial Court and First Appellate Court dismissing the suit were based on proper appreciation of evidence – No substantial question of law involved, warranting interference [Paras 16-18, 26-29].

Possession and Title – Plaintiff’s burden to establish ownership and possession – Plaintiff claimed to have retained 0.10 cents of land after selling 0.72 cents to the defendant – However, sale deed (Ex.B1) did not reflect retention of any land by the plaintiff – Plaintiff failed to adduce evidence proving ownership or possession – Held: Plaintiff failed to prove that he retained ownership or possession of the disputed land – Suit rightly dismissed by both courts below [Paras 22-24].

Evidentiary Value of Documents – Plaintiff relied on Ex.A2 to prove ownership and possession of the suit land – Witnesses PWs.2 and 3, examined to support Ex.A2, did not corroborate the plaintiff’s claim – Courts below found no evidence in Ex.A2 supporting plaintiff’s claim of ownership over 0.10 cents of land – Held: Plaintiff failed to prove ownership or possession through Ex.A2 or other documentary evidence [Paras 23-24].

Cross-Examination – Plaintiff failed to cross-examine DW1 and DW2 – Testimonies of defense witnesses, therefore, remained unchallenged – Courts below rightly considered their testimonies – Held: Plaintiff’s failure to challenge the defense’s version weakened his claim – Findings of lower courts justified [Paras 20-21].

Decision: Second Appeal dismissed – No substantial question of law involved – Trial Court and First Appellate Court’s concurrent findings upheld.

Statutory Bail – Non-filing of FSL Report within Statutory Period – Right to Default Bail – Interpretation of Section 167(2) CrPC – Bail Rejected – The petitioner was arrested under the NDPS Act and remained in custody beyond the statutory period of 180 days – A charge sheet was filed without the FSL report, which was subsequently sent directly to the Trial Court by the forensic laboratory – The petitioner contended that the report must be routed through the investigating officer, and its direct submission should not be considered valid for denying statutory bail – Held: As per the scheme of the NDPS Act and CrPC, there is no legal bar on the forensic laboratory sending the FSL report directly to the Trial Court, and such an act does not vitiate the charge sheet – Since the FSL report was received by the Trial Court before the petitioner exercised his right to statutory bail, his claim for default bail stood extinguished [Paras 14-19].

Role of the Forensic Laboratory – Direct Submission of FSL Report to Trial Court – Whether Prejudicial to the Accused – No Prejudice Found – The petitioner challenged the direct transmission of the FSL report to the Trial Court, arguing that it violated procedural law and caused prejudice – The Court examined whether such an act affects the accused’s rights under CrPC and NDPS Act – Held: The FSL report, once available, is an essential piece of evidence, and its direct submission expedited the judicial process by reducing systemic delays – No prejudice was caused to the accused, as the report was also sent to the investigating officer, who later filed a supplementary charge sheet including the same report [Paras 15-17].

Cognizance of Offence – Powers of Magistrate under Section 190(1)(c) CrPC – Whether Magistrate Can Consider Directly Sent FSL Report – Yes – The petitioner argued that the Trial Court could not take cognizance of the FSL report directly from the forensic laboratory – The Court examined Section 190(1)(c) CrPC, which allows the Magistrate to take cognizance of an offence based on information received from any source other than a police officer – Held: The Trial Court acted within its authority in considering the FSL report, and such direct submission does not invalidate the prosecution’s case [Paras 18-19].

Right to be Informed of Statutory Bail – Magistrate’s Duty to Inform Accused of Indefeasible Right – Direction Issued – The Court referred to precedents emphasizing that accused persons must be informed of their right to statutory bail when it accrues – Held: The Special Judges dealing with NDPS cases must ensure that accused persons are informed of their right to default bail upon expiry of the statutory period if a complete charge sheet is not filed – Direction issued to Registrar General for communication to all Special Judges handling NDPS cases [Paras 20-21].

Interpretation of NDPS Act – Section 36A(4) – Incomplete Charge Sheet without FSL Report – Legal Consequences – The Court reiterated that filing a charge sheet without an FSL report does not satisfy the requirements of Section 36A(4) NDPS Act, and an accused is entitled to statutory bail unless the FSL report is submitted before the bail application – Held: The direct transmission of the FSL report to the Trial Court before the petitioner’s bail application was filed negated his claim for default bail – The Court upheld the principles laid down in Rakesh Sha v. State of West Bengal and Idul Mia v. State of West Bengal regarding the necessity of an FSL report in NDPS cases [Paras 19-22].

Decision: The statutory bail application was dismissed, holding that direct submission of the FSL report to the Trial Court did not vitiate the prosecution’s case and did not prejudice the accused – The Court directed that all Special Judges handling NDPS cases must ensure that accused persons are informed of their right to default bail when it accrues [Paras 19-22].
 

Taxation Law – VAT - Taxation of Set-Top Boxes (STBs) – Whether STBs are Goods – Interpretation of Section 2(15) KVAT Act, 2003 – The petitioners challenged the Karnataka Appellate Tribunal’s decision, which held that Set-Top Boxes (STBs) provided to subscribers for a fee constitute a ‘sale’ under Section 2(29)(d) of KVAT Act, 2003 – Petitioners argued that STBs are not ‘goods’ but mere appliances that facilitate television signals – Held: STBs qualify as ‘goods’ as they are movable property, subject to sales tax when right to use is transferred.

Transfer of Right to Use – Applicability of VAT – Whether Exclusive Possession is Required – Petitioners contended that mere provision of STBs does not amount to transfer of right to use as ownership remains with the service provider – Held: Exclusive possession or transfer of title is not necessary – As long as the subscriber has effective control and benefits from STB usage, tax liability arises under Article 366(29A)(d) of the Constitution – VAT rightly levied on the rental/activation fees collected for STBs.

Service Tax vs. VAT – Double Taxation Issue – Whether Levy of VAT on STBs is Valid – Petitioners argued that Service Tax was already paid on the subscription charges, and thus VAT cannot be imposed on the same transaction – Held: VAT and Service Tax operate on distinct aspects – VAT applies to the right to use goods, while Service Tax applies to services – Both can coexist when there is discernible sale and service elements in the transaction – No illegality in imposing VAT on STBs separately from Service Tax on broadcasting services.

Retrospective Effect of Government Notification Dated 15.03.2021 – Validity of Tax Demand – Petitioners challenged the retrospective amendment via Notification under Section 174(2) of Karnataka GST Act, 2017, arguing that it improperly revived KVAT liabilities – Held: The State has power to issue retrospective notifications under Section 164(3) of KGST Act, 2017 – Repeal of KVAT Act does not extinguish pending tax liabilities – Impugned tax demand upheld as valid and enforceable.

Final Decision – Petitions Dismissed – VAT Demand Upheld – The High Court dismissed the petitions, affirming the Karnataka Appellate Tribunal’s ruling that VAT is leviable on the right to use STBs – Levy of ₹2,000 per STB as taxable consideration upheld – No relief granted to petitioners.
 

Murder – Conviction under Section 302 read with Section 34 IPC – Multiple accused – Common intention established – The accused persons were convicted for the murder of Srihari Mondal based on the testimony of six eyewitnesses (PW 4, PW 5, PW 6, PW 9, PW 10, and PW 12) – The appellants argued that the witnesses were related to the deceased and no independent witness was examined – Held: Mere relationship does not make a witness unreliable, and their testimony was found consistent, cogent, and corroborated by medical evidence and forensic reports – The enmity between the accused and the victim provided a clear motive – Conviction upheld [Paras 37-39, 44, 54].

Common Intention – Section 34 IPC – Necessity of specific attribution of injury to each accused – The appellants contended that the exact role of each accused and the specific injuries inflicted were not established – Held: In cases of group assault with deadly weapons, it is not necessary to prove the exact role of each accused if common intention is evident – The collective nature of the attack and the severity of injuries sustained by the deceased confirmed the accused acted with a shared intention to kill – Absence of weapon recovery not fatal to prosecution’s case given overwhelming direct evidence – Conviction upheld [Paras 40-42, 48].

Reliability of Related Witnesses – Testimony of close relatives of the deceased – The defense argued that all eyewitnesses were related to the deceased and, therefore, interested witnesses – Held: Relatives of the victim are natural witnesses, and their testimony cannot be discarded solely on the ground of relationship – The court found no contradictions or inconsistencies in their statements, and their version was corroborated by medical and forensic evidence – The accused failed to establish any false implication – Conviction upheld [Paras 37, 44-45, 55].

Non-Examination of Independent Witnesses – Effect on prosecution case – The defense argued that independent witnesses like the rickshaw puller and the tea stall owner were not examined – Held: When the evidence of eyewitnesses is clear, cogent, and trustworthy, non-examination of independent witnesses is not fatal – The court found no material inconsistencies in the prosecution’s case, and corroboration was provided by medical and forensic evidence – Conviction upheld [Paras 38-39, 46].

Recovery of Weapons – Absence of forensic evidence on murder weapons – The appellants contended that no weapons were seized or subjected to fingerprint analysis – Held: The non-recovery of weapons does not vitiate the prosecution’s case when there is direct evidence from multiple eyewitnesses and medical evidence corroborating the nature of injuries – The forensic report confirmed the presence of human blood at the crime scene – Conviction upheld [Paras 45, 50].

Medical Evidence – Role in corroborating eyewitness accounts – The post-mortem report described multiple deep injuries inflicted with sharp weapons, consistent with the testimony of the eyewitnesses – The injuries, including near-amputation of the left knee and right shoulder, confirmed the brutal nature of the attack – The argument that the medical opinion was not given by a forensic expert was rejected, as any qualified medical practitioner could assess the injuries – Conviction upheld [Paras 29, 49].

Sentencing – Life Imprisonment – Appropriateness of punishment – The appellants challenged the life sentence, arguing that the prosecution failed to prove common intention – Held: Given the premeditated nature of the attack, the number of accused, and the brutality of the injuries, the sentence of life imprisonment with a fine of Rs. 5,000/- was justified – The appeals were dismissed [Paras 58-59].
 

Negotiable Instruments Act – Dishonor of Cheques – Rebuttal of Presumption – Sections 118(a) & 139 NI Act – Accused Successfully Discharged Burden – Petitioner Failed to Prove Legally Enforceable Debt – Held: The respondent rebutted the presumption under Sections 118(a) & 139 of the NI Act by establishing that the cheques in question were not issued for any valid consideration – Petitioner failed to prove that goods were supplied against the cheques – No invoices, delivery receipts, or supporting evidence produced – Acquittal upheld [Paras 6-7, 12, 17, 27].

Burden of Proof – Presumption Under NI Act – Standard of Rebuttal – Held: Presumption under Sections 118(a) & 139 is rebuttable – Accused need not prove innocence beyond reasonable doubt but only on a preponderance of probabilities – Petitioner failed to establish foundational facts for invoking statutory presumption – Reliance placed on M.S. Narayana Menon v. State of Kerala, (2006) 6 SCC 39 and Kumar Exports v. Sharma Carpets, (2009) 2 SCC 513 [Paras 14-16].

Forgery Allegations – Sales Tax Forms – Authentication Failure – Held: Respondent established that alleged sales tax forms were forged – VAT Inspector confirmed that the forms were issued to a different entity and not to the respondent – Partner of the respondent’s firm denied issuing or signing the forms – Trial Court correctly found inconsistencies in petitioner’s financial records and rejected the evidence [Paras 23-26].

Criminal Procedure – Application under Section 311 CrPC – Dismissal Justified – Held: The application for examination of the Sales Tax Officer was filed after 15 years – No satisfactory explanation provided for the delay – Trial Court rightly rejected the application – No interference warranted [Paras 29].

Decision – Leave to Appeal Dismissed – Acquittal Upheld – Held: The respondent successfully rebutted the statutory presumption under Section 118(a) read with Section 139 of the NI Act – Petitioner failed to prove its case beyond reasonable doubt – Trial Court’s judgment found to be well-reasoned – No merit in the appeals – Leave to appeal dismissed – Appeals disposed of as infructuous [Paras 30-33].

Civil Law – Suit for possession - Doctrine of Part Performance – Protection under Section 53-A of the Transfer of Property Act – Essential Conditions – Protection Denied – The appellant/defendant claimed protection under Section 53-A, arguing that she had taken possession of the property under an agreement of sale – The plaintiffs contended that possession was never delivered under the agreement and was subsequently encroached upon – Held: For the defense of part performance to succeed, the transferee must prove possession under the agreement and that acts in furtherance of the contract were performed – The Court found that the possession clause in the agreement was inserted later with different ink and handwriting, and no substantial acts in furtherance of the contract were demonstrated – Consequently, the appellant was not entitled to protection under Section 53-A [Paras 14-18, 40].

Readiness and Willingness – Specific Performance – Failure to Act – Impact on Defense under Section 53-A – The appellant remained silent for over a decade after executing the agreement and failed to issue any legal notice or initiate proceedings for specific performance – The Court emphasized that under the doctrine of part performance, the transferee must continuously express readiness and willingness to perform contractual obligations – Held: The appellant’s failure to assert her rights in a timely manner and initiate legal action within the limitation period negated her claim for protection under Section 53-A [Paras 21-23, 40].

Burden of Proof – Whether the Defendant Established Possession and Compliance with Contractual Terms – Failure to Discharge Burden – The appellant relied on property tax receipts to substantiate her claim of possession – The Court found that the tax receipts did not establish a direct connection to the suit property – Held: Mere payment of tax does not confer title or validate possession under an unregistered sale agreement – The burden of proving lawful possession and compliance with contractual terms was not discharged by the appellant [Paras 16, 39].

Recovery of Possession – Entitlement of the Plaintiff – Appellant’s Defense Rejected – The Trial Court had decreed the suit for recovery of possession – The First Appellate Court examined whether the appellant’s claim under Section 53-A could override the plaintiff’s ownership rights – Held: Since the appellant’s defense failed, the plaintiffs were entitled to recovery of possession – The Trial Court’s order was upheld, and the appellant was directed to vacate the suit property within three months [Paras 41-44].

Decision: The appeal was dismissed – The appellant was directed to vacate the suit property within three months – No order as to costs [Paras 44].
 

Criminal Law – Possession of Contraband – Section 21 NDPS Act – Conviction Based on Official Witnesses – The appellant was convicted for possessing 10 grams of smack based on testimony of police officials – Held: Conviction under Section 21 NDPS Act is sustainable even in the absence of independent witnesses, provided the official witnesses are consistent and reliable – No evidence of enmity or false implication was established against the prosecution witnesses – Appeal dismissed [Paras 10, 18].

Evidence Law – Non-Examination of Independent Witnesses – Legal Implication – The appellant argued that the entire case was based on official witnesses without any independent corroboration – Held: In cases of chance recovery, absence of independent witnesses does not vitiate the trial, especially when the police officers have deposed consistently – Efforts were made to join independent witnesses, but none were willing – Mere absence of public witnesses does not render the prosecution case doubtful [Paras 12, 18].

Chain of Custody – Compliance with NDPS Act Procedures – The prosecution presented a complete chain of custody from seizure to forensic examination – Held: The integrity of the case property was maintained, and forensic analysis confirmed the presence of diacetylmorphine (heroin) – Conviction upheld based on proper adherence to procedural safeguards [Paras 15-16].

Judicial Precedents – Reliance on Settled Law – The Court relied on established precedents that independent witnesses are not mandatory in NDPS cases if official witnesses provide credible evidence – Prosecution case corroborated by consistent depositions, site plan, and forensic reports – No material discrepancies found in cross-examination [Paras 17-18].

Decision – Appeal Dismissed – Conviction and sentence under Section 21 NDPS Act upheld – No merit found in the appellant’s contention regarding independent witnesses – No interference warranted [Para 19].