Rape Case – Age Determination – School Records – Standard of Proof – Acquittal – Appeal allowed – The appellant was convicted under Sections 376(1) and 450 of IPC for allegedly committing rape on a prosecutrix aged 12 years – Prosecution relied on the school register to establish the prosecutrix's age – Held: School register entries are inadmissible without testimony of the person making the entry or providing the information – Birth certificate and other school documents lacked corroboration, and no medical examination was conducted to determine the prosecutrix’s age – Prosecution failed to prove beyond reasonable doubt that the prosecutrix was a minor at the time of the alleged incident – Conviction unsustainable in the absence of reliable evidence [Paras 14–18].

Rape Allegation – Solitary Testimony of Prosecutrix – Reliability and Corroboration – Prosecution relied on the sole testimony of the prosecutrix – Medical examination of the prosecutrix revealed no injuries or signs of sexual assault, and the prosecutrix was found to be habitual to intercourse – Held: Sole testimony of the prosecutrix must inspire confidence to be the basis for conviction – Prosecutrix’s admission that the complaint was lodged under the influence of others, and her inconsistent statements, diminished her credibility – Conviction cannot rest on untrustworthy evidence [Paras 19–22].

Benefit of Doubt – Insufficient Evidence – Acquittal of Accused – The prosecution failed to establish the guilt of the appellant beyond reasonable doubt – Absence of eyewitnesses, contradictions in statements of witnesses, and lack of corroborative evidence made the prosecution case unreliable – Held: Appellant acquitted of all charges, and benefit of doubt extended to him [Paras 22–23].

Decision: The appeal is allowed. The conviction and sentence of the appellant under Sections 376(1) and 450 of IPC recorded by the Trial Court are set aside. The appellant is acquitted of all charges by extending the benefit of doubt. His bail bonds will remain in force for six months as per Section 437A of CrPC. [Paras 22–23].
 

Criminal Law – POCSO Act – Failure to Report – Section 21 r/w Section 19(1) POCSO Act – Petitioner, a gynecologist, accused of failing to report minor's pregnancy and alleged unauthorized abortion – Medical records showed victim's age as 18 years, as disclosed by her and parents at the time of treatment – No evidence of deliberate failure to report crime – Held: Doctors are not required to investigate victim’s age absent prima facie doubts – Mere absence of reporting based on disclosed age does not attract criminal liability【Paras 9-10】.

Medical Ethics – Abortion and Miscarriage – Sections 312, 313 IPC – Victim admitted with severe bleeding and symptoms of miscarriage – Treatment rendered to save life – No evidence of voluntary or unauthorized abortion – Held: No prima facie case under Sections 312, 313 IPC – Prosecution quashed【Para 10】.

Standard of Investigation – Implication of Doctors under POCSO Act – Investigating officers must ascertain deliberate intent or omission by doctors before invoking Section 19(1) POCSO Act – Mechanical inclusion of doctors in POCSO cases without evidence condemned – Directions issued to Director General of Police to ensure compliance【Para 11】.

Decision – Prosecution Quashed – Final report against petitioner in SC No. 495/2020 quashed – Directions issued to avoid unwarranted implication of doctors in similar cases – Investigative accountability emphasized【Paras 12】.
 

Arbitration – Challenge to Award – Scope of Interference under Sections 34 and 37 of Arbitration Act – The appellant challenged an arbitral award granting compensation to the respondent for project delays and related claims – Held: The Court’s jurisdiction under Section 37 is limited and does not permit reappreciation of evidence – The Arbitral Tribunal’s findings will not be interfered with unless they violate public policy or the fundamental policy of Indian law – Award upheld except for an adjustment of prior payments [Paras 16-17].

Double Payment – Public Policy Violation – Need for Set-Off – Appellant contended that an Expert Committee had assessed the claim and directed payment of ₹6.01 crores, out of which ₹3.5 crores had already been paid – The Tribunal failed to account for this payment, leading to a risk of double payment – Held: A failure to adjust prior payments towards the same claim would violate public policy and fundamental principles of justice – The matter is remitted to the Commercial Court for reconsideration of this aspect [Paras 22-25].

Limited Judicial Review – Commercial Court’s Role in Arbitration Proceedings – The Commercial Court dismissed the appellant’s challenge under Section 34 without recording findings on the prior payment issue – Held: While courts must exercise minimal interference in arbitral matters, they are duty-bound to prevent unjust enrichment – The Commercial Court should have examined whether the ₹3.5 crore payment was towards the same claim and whether an adjustment was necessary [Paras 24-26].

Decision: The appeals are partly allowed. The judgment and order of the Commercial Court dated 03.08.2024 in Com.A.P. Nos. 106 to 117 of 2023 are set aside to the limited extent of reconsidering the prior payment of ₹3.5 crores. The matter is remitted to the Commercial Court, which shall determine whether this payment was related to the claims before the Arbitral Tribunal and, if so, ensure an appropriate set-off. Other findings of the Arbitral Tribunal and Commercial Court remain undisturbed. Pending interlocutory applications stand disposed of as not surviving.
 

Declaration of Title – Burden of Proof on Plaintiff – Title Not Established – Appeal Dismissed – Plaintiffs sought declaration of title and permanent injunction based on a registered sale deed (Ex.A-1). The defendants argued that the suit properties belonged to the American Baptist Foreign Mission Church and were not transferable. Admissions by the plaintiffs’ vendor (P.W.3) and evidence (Ex.B-9, Ex.B-10) demonstrated that the vendor had no title to the properties. The Court held that the plaintiffs failed to discharge their burden of proving title, and the first appellate court rightly dismissed the suit (Paragraphs 18-22, 26).

Revenue Records – Entries Insufficient to Prove Title – Plaintiffs relied on revenue records, including pattadar passbooks and adangals (Ex.A-2 to Ex.A-59), to support their title claim. The Court held that revenue records cannot form the basis for a declaration of title and reiterated that entries in such records do not confer ownership rights. The first appellate court’s findings on this issue were upheld (Paragraphs 22-23).

Permanent Injunction – Denial of Relief Consequential to Title – Plaintiffs Not Entitled – Since the plaintiffs failed to prove their title to the suit schedule properties, they were not entitled to the relief of a permanent injunction. The appellate court’s decision denying the injunction was found legally sustainable (Paragraph 27).

Second Appeal – Limited Scope – Findings Not Interfered With – The Court emphasized that a second appeal under Section 100 CPC allows interference only when the findings of the lower courts are perverse or based on inadmissible evidence. The appellate court’s conclusions were found to be based on proper appreciation of evidence and applicable law, and no grounds for interference were made out (Paragraph 17).

Decision:

Second appeal dismissed – Judgment and decree of the first appellate court affirmed – Plaintiffs' claims for declaration of title and permanent injunction rejected – No order as to costs (Paragraphs 27-28).

Civil Writ - Challenge to the legality and procedural Mass Transfers of Panchayat Officials – Violation of Legislative Intent and Guidelines – Petitioners challenged mass transfers of Panchayat officials alleging they were carried out in violation of Section 89(8-A) of the Rajasthan Panchayati Raj Act, 1994, and guidelines framed in Kera Ram v. State of Rajasthan – Held: Legislative intent under Section 89 emphasizes decentralization and respect for the autonomy of Panchayati Raj Institutions – The State’s use of the non-obstante clause to bypass Panchayats in routine administrative matters constitutes colorable exercise of power and undermines democratic decentralization [Paras 2-6].

Non-Obstante Clause – Scope and Misuse in Panchayat Transfers – Non-obstante clause in Section 89(8-A) of the Panchayati Raj Act grants overriding powers to the State – However, such powers must be used sparingly and not to completely override the statutory and constitutional powers vested in Panchayati Raj Institutions – In this case, the invocation of the clause to conduct a massive transfer drive involving over 1,000 officials violated the principles of decentralized governance [Paras 3, 6, 27].

Compliance with Transfer Guidelines – Procedural Safeguards and Transparency – Guidelines framed in Kera Ram mandate consultation with elected Panchayat representatives for district-level and Zilla Parishad transfers – Held: The State's actions failed to adhere to these procedural safeguards, rendering the transfer orders procedurally flawed – Directions issued for reconsideration of transfer orders with specific reasons and compliance with guidelines [Paras 3, 8].

Administrative Ban on Transfers – Procedural Clarity and Continuation of Orders – The State’s reliance on a transfer ban imposed by the Chief Secretary was addressed – Held: Fresh orders passed in compliance with this judgment will be deemed a continuation of earlier orders, and no prior sanction will be required under the Chief Secretary's circular dated 03/01/2024 [Para 10].

Interim Relief – Transfer Orders Put on Hold – Impugned transfer orders were stayed for 30 days to allow the State to review and reconsider them in compliance with the law and guidelines – Directions issued to Secretary, Rural Development and Panchayati Raj, to review the transfers and provide reasons where State power is exercised [Paras 7-9].

Directions:

•    Secretary, Department of Rural Development and Panchayati Raj, to review all transfer orders within 30 days and segregate cases requiring the exercise of State powers under Section 89(8-A) with specific reasons.
•    Transfer orders for the remaining cases to be reconsidered and passed by Panchayat bodies in compliance with the law and guidelines.
•    Interim stay on the impugned transfer orders for 30 days.
•    Fresh administrative decisions to be treated as a continuation of earlier orders, exempting them from the requirement of prior sanction under the circular dated 03/01/2024 [Paras 7-10].

Decision: The writ petitions were disposed of with directions to reconsider the transfer orders in accordance with statutory provisions and judicially framed guidelines, ensuring transparency, procedural rigor, and respect for the autonomy of Panchayati Raj Institutions.

Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles Act – Prosecution alleged negligence and resistance to lawful directives [Paras 2-3, 5].

Applicant’s Defense – Misuse of Police Powers Alleged – Applicant argued that charges under Section 110 BNS were misapplied – Only rash driving was evident – Asserted educational background and professional standing as mitigating factors – Claimed prolonged incarceration without justification [Para 4].

Judicial Observations – Bail Granted with Conditions – High Court noted:
Applicant’s youth, professional background, and familial support mitigate risk of absconding.
Two months of incarceration deemed sufficient for the non-violent offense.
Bail granted with conditions to perform community service, deposit costs for damages, and surrender driving license during compliance period.
Held: Further incarceration unwarranted, considering the prima facie facts, background of the applicant, and societal contribution through community service [Paras 6-9].

Community Service as Bail Condition – Applicant directed to perform community service by holding an awareness banner reading "Don't Drink and Drive" for three months at a traffic junction – Compliance report to be filed by the Traffic Officer [Para 8(iv)].

Decision – Bail granted on furnishing ₹1,00,000 PR bond with sureties – Additional conditions of community service, compensation for damages, and cooperation with trial proceedings imposed – Non-compliance or repetition of the offense to lead to cancellation of bail [Paras 8-10].
 

Motor Accident Claim – Medical Expenses – Unreasonable Denial by Claims Tribunal – Enhancement Ordered – The Claims Tribunal had awarded only Rs.30,000/- as compensation for medical expenses despite the claimant submitting medical bills totaling Rs.1,08,385/- (Ex. A.9) – The Tribunal’s reduction was based on the assumption that treatment at a Government Hospital involved minimal expenditure, without adequate inquiry or evidence to support such an assumption – Held: Claimant is entitled to Rs.1,08,385/- for actual medical expenses, and the award is enhanced by Rs.79,000/- (rounded off) under this head [Paras 12-13].

Permanent Disability – Compensation for Loss of Amenities – Enhanced – The claimant suffered 20% permanent disability, including shortening of his left leg, which the Tribunal held did not affect his earning capacity as a restaurant supervisor – However, the Tribunal awarded only Rs.25,000/- for disability – Held: Considering the claimant's young age (32 years) and lifelong impact of the disability, an additional Rs.15,000/- is granted for loss of amenities [Paras 14-15].

Compensation Enhancement – Interest and Liability – Total compensation enhanced from Rs.90,000/- to Rs.1,84,000/- with interest at 6% per annum from the date of the petition until realization – The insurance company and the vehicle owner are jointly and severally liable to pay the enhanced compensation [Paras 16-17].

Judicial Oversight – Failure of Claims Tribunal to Consider Evidence – The Claims Tribunal failed to analyze the claimant’s medical bills properly and relied on assumptions rather than evidence – This approach was held to be unreasonable, necessitating modification of the award [Para 13].

Decision: The appeal is allowed, and the compensation awarded by the Claims Tribunal is enhanced from Rs.90,000/- to Rs.1,84,000/- with 6% interest per annum from the date of the claim petition until realization. Respondent Nos. 1 (vehicle owner) and 2 (insurance company) are held jointly and severally liable to pay the compensation. The second respondent (insurance company) is directed to deposit the enhanced amount within one month, after giving credit for any amounts already deposited.

Criminal Law - Quashing of FIR – Scope of Section 482 CrPC – Prima Facie Case Established – The petitioner sought quashment of the FIR on the grounds that the allegations were of civil nature, that there was delay in lodging the complaint, and that the allegations were false and motivated by malice – However, the father of the petitioner had already challenged the same FIR in M.Cr.C No. 45474/2022, where the High Court found prima facie allegations against both the father and the petitioner – Held: Since the allegations disclose a cognizable offence, the FIR cannot be quashed merely because there exists a civil dispute as well [Paras 8-9, 31].

Abuse of Process – Matrimonial Disputes – Malicious Prosecution – The petitioner argued that the FIR was a counterblast to his divorce petition, which was filed before the Family Court in Saket, New Delhi, and that respondent no. 2 sought an alimony of ₹1 crore before lodging the FIR – The Court, however, held that allegations such as dowry demand, financial transactions, and refusal to return Stridhan were serious and required trial – Held: Mere existence of matrimonial disputes does not automatically imply abuse of process of law [Paras 5-7].

Framing of Charges – Effect on Quashing Petition – Criminal Trial to Proceed – The charge sheet was already filed, and the trial court had rejected the petitioner’s discharge application – The Supreme Court in State of Orissa v. Ujjal Kumar Burdhan, (2012) 4 SCC 547 and XYZ v. State of Gujarat, (2019) 10 SCC 337 has held that quashing should not be exercised when sufficient prima facie material exists – Held: Once charges have been framed, the High Court should refrain from interfering under Section 482 CrPC unless prosecution is manifestly malicious [Paras 10-12].

Judicial Precedents – Limited Scope of Section 482 CrPC – The petitioner relied on Ganpat Meena v. State of MP and Kailashben Mahendrabhai Patel v. State of Maharashtra to argue that courts can quash FIRs even after charge sheet is filed – However, the High Court distinguished these cases, holding that each case must be examined on its facts – Held: Interference under Section 482 CrPC is justified only in the rarest of rare cases where prosecution is manifestly illegal or an abuse of process [Paras 10-12].

Decision: Petition Dismissed – FIR and Criminal Proceedings to Continue – The Court found prima facie material against the petitioner, and the trial had already commenced – No grounds for quashing were made out – Held: Petition dismissed with no interference warranted under Section 482 CrPC [Paras 32-33].

Regular Bail – Criminal Conspiracy – Sections 399 and 402 IPC, NDPS Act – Bail Granted – The petitioners were arrested on allegations of being part of a gang involved in criminal activities – The prosecution alleged that a co-accused fired at a police officer, but no injury was sustained – No contraband was recovered from the petitioners – The petitioners had no prior criminal history – The investigation was complete, and charges were framed, but trial proceedings were slow, with only one out of twenty-one prosecution witnesses examined – Held: Continued incarceration would serve no useful purpose, and the trial’s early conclusion was unlikely – Bail granted subject to furnishing bail bonds to the satisfaction of the Trial Court/Duty Magistrate [Paras 5-6].