Criminal Law - Kidnapping/Abduction - Indian Penal Code 1860 - Section 366A - Conviction based on extra-judicial confession - Prosecution alleged appellant abducted minor girl for marriage - Trial court convicted appellant based on oral testimonies of family members and alleged extra-judicial confession made before villagers - High Court found that despite the victim remaining untraced and witnesses being hearsay the consistent thread of extra-judicial confession provided sufficient basis to affirm conviction - Held - Conviction upheld - [Paras 2-23].

Criminal Law - Sentencing - Proportionality - Appellant aged 83 years - Case 20 years old - Appellant had already undergone two years of imprisonment out of five - No prior criminal antecedents - Held - Further custodial sentence would serve no useful purpose - Sentence modified to the period already undergone - [Paras 24-26].

Evidence Law - Extra-judicial confession - Admissibility - Prosecution witnesses testified that appellant confessed to village elders regarding his involvement and promised to return the girl - Investigating Officer corroborated the version of the occurrence at the village - Held - Absence of direct evidence of abduction is mitigated by the reliability of the extra-judicial confession in the context of the factual matrix - [Paras 15-22].

Decision: Appeal dismissed on merits with modification in sentence – Conviction under Section 366A IPC affirmed – Sentence reduced to the period of imprisonment already undergone – Appellant discharged from bail bonds.

Criminal Law - Negotiable Instruments - NI Act 1881 - Section 141 - Vicarious Liability - Petitioner challenged proceedings alleging complaint failed to satisfy mandatory requirements under Section 141 as he was arraigned solely as a Director without specific averments regarding his role or responsibility for the conduct of business at the time of the offence - Court noted complaint contained only general, vague allegations and failed to specify who signed the cheque or the role of the petitioner in the transaction - Held - In the absence of specific, unambiguous pleadings meeting the conjunctive requirement of being in charge of and responsible for the business of the company, proceedings against the Director cannot be sustained - Proceedings quashed against the petitioner - [Paras 1-25].

Criminal Law - Quashing of Proceedings - CrPC 1973 - Section 482 - NI Act 1881 - Section 138 - Abuse of Process - Petitioner sought quashing of complaint for absence of essential ingredients for vicarious liability - Court observed that mere designation as a Director is insufficient to attract liability under Section 141 - Held - Allowing the proceedings to continue without the foundational pleadings required by law would constitute an abuse of the process of the Court - [Paras 21-25].

Evidence Law - Pleadings - NI Act 1881 - Section 141 - Specific Averments - Complainant failed to disclose the identity of the person who signed the cheque or specific overt acts attributed to the Director - Held - Disclosure of the name of the drawer of the cheque is a mandatory factual allegation and failure to provide specific details regarding the role of the Director renders the complaint legally unsustainable - [Paras 18-21].

Decision: The Revisional Application is allowed - Proceedings of Case No. CS/104373 of 2021 pending before the Learned Metropolitan Magistrate, 11th Court, Calcutta are quashed in respect of the petitioner.

Service Law - Pension - Uttar Pradesh Service Rules - Qualifying Service - Petitioner was engaged as Seasonal Collection Amin in 1984 and later regularized in 2016 before retiring in 2019 - Respondents rejected pension claim on the ground of insufficient regular service - Court relied on Prem Singh v. State of U.P. (2019) and Uday Pratap Thakur v. State of Bihar (2023) - Held - Previous ad-hoc and seasonal services must be counted for determining qualifying service for pension eligibility - However quantum of pension must be calculated strictly on the basis of regular service rendered - Writ petition allowed with directions to sanction pension and retiral dues - [Paras 13-28].

Service Law - Pension - Qualifying Service - Computation - Distinction between qualifying service and quantum of pension - Held - While entire length of service including seasonal/ad-hoc phases counts towards the 10-year threshold for pension eligibility the actual pension amount is restricted to the period of regular service only - [Paras 25-26].

Decision: Writ Petition No. 20364 of 2019 allowed - Respondents directed to calculate and pay retiral dues and sanction pension within eight weeks - Writ Petition No. 15905 of 2014 dismissed as infructuous.

Civil Law - Recovery of Money - Code of Civil Procedure 1908 - Order XII Rule 6 - Appellant acting as GPA holder for co-owners sold suit property and retained a portion of sale consideration - Trial Court decreed recovery suit based on admissions in registered sale deed and appellant's own correspondence - Appellant challenged decree claiming no unequivocal admission and pendency of counter-claim - High Court held that registered sale deed recitals clearly establish appellant acted as agent and received consideration in that capacity - Appellant failed to produce any evidence to support loan theory or prove ownership - Held - Decree on admission justified as defence was moonshine and lacked documentary basis - [Paras 1-48].

Civil Law - Power of Attorney - Indian Contract Act 1872 - Section 218 - GPA not an instrument of transfer - Appellant contended that GPA containing power of gift transferred title - High Court held that GPA is a document of agency and does not transfer interest or title in immovable property - Agent is statutorily bound under Section 218 to account for all sums received on behalf of the principal - Held - Appellant as agent was liable to remit the full share of sale proceeds to the deceased co-owner - [Paras 34-37].

Evidence Law - Admissibility of Evidence - Indian Evidence Act 1872 - Sections 91 and 92 - Registered instrument - Appellant attempted to lead evidence contrary to recitals in registered sale deed by claiming property was his self-acquired property - High Court held that registered instrument speaks for itself and contrary assertions cannot be permitted to displace covenants of a registered document - Held - Plea regarding independent ownership barred by sections 91 and 92 of the Act - [Paras 30-31].

Civil Law - Limitation - Limitation Act 1963 - Recovery of sale proceeds - Appellant argued suit time-barred as filed after three years from sale deed - High Court held that cause of action for recovery of balance consideration arose when the principal came to know of the sale and retention of funds - Suit filed within three years of date of knowledge - Held - Suit within limitation - [Para 51].

Decision: Appeal dismissed – Judgment and decree dated 07.02.2020 passed by the Trial Court affirmed.

Civil Law - Succession - Hindu Succession Act 1956 - Section 29 - Escheat - Plaintiffs claimed property as nephews of the deceased husband of the owner while Defendant claimed title as an adopted son - Both parties failed to lead cogent evidence to establish their relationship or legal heirship - Trial Court held neither party proved title and declared property as escheat to the Government - High Court upheld the finding noting the burden of proof for declaration of title rests solely on the plaintiff and cannot rely on the weakness of the defendant's case - Held - In the absence of proof of legal heirship by any claimant the property rightly devolves to the state by escheat - [Paras 8-93].

Evidence Law - Burden of Proof - Code of Civil Procedure 1908 - Order XIV - Proof of Adoption - Defendant claimed adoption in 1936 but failed to produce a deed or examine witnesses present at the time - Secondary evidence in the form of school records mentioning the adoptive father's name found insufficient to prove the ceremony of adoption - Evidence showed defendant resided at a different location for decades and only appeared after the death of the owner - Held - The plea of adoption was not established by reliable and convincing evidence - [Paras 64-90].

Civil Law - Pleadings - Code of Civil Procedure 1908 - Order XIV - Framing of issues - Appellate Court examined the finding regarding escheat - Defendant argued the trial court erred in invoking Section 29 without framing a specific issue - High Court held that when both parties fail to establish title in a suit for declaration the court is duty-bound to determine the fate of the property - Held - Findings on escheat were a necessary consequence of the failure of both parties to prove title - [Paras 17-92].

Decision: Appeal dismissed – Trial Court judgment and decree confirmed – Property ordered to be treated as escheat to the Government.

Criminal Law - Juvenile Justice - Juvenile Justice Act 2015 - Sections 8, 12, 18, 39 - Rehabilitative Justice - Courts exercising bail jurisdiction under the JJ Act are legally mandated to discharge adjudicatory functions and dispense restorative justice - This requires the Board or Court to assess the need for an individual child care plan (R&R programme) and school admission even at the stage of bail - The Court held that the Children's Court/JJB must act as parens patriae and ensure that children are not abandoned to their own devices post-release - Held - The High Court and trial courts are obligated to initiate R&R programmes and facilitate school integration to prevent the bail process from becoming a reductionist and purely penal exercise - [Paras 1-56].

Writ Law - Right to Education - JJ Act 2015 read with RTE Act 2009 - Education as an integral component of R&R - The Court held that the constituent elements of education in an R&R plan are fundamentally linked to the Right to Education under Article 21A of the Constitution and the RTE Act - Educational institutions and teachers can be nominated as fit institutions and fit persons for post-release reintegration after due enquiry - Held - Lack of budgetary allocation or rules cannot frustrate the statutory duty to provide education to children in conflict with law - [Paras 79-102].

Evidence Law - Procedural Requirements - JJ Rules 2016 - Fit Facilities and Fit Persons - Recognising the current deficiency in identified fit facilities, the Court issued mandatory directions for the identification of schools and teachers as fit entities to implement the educational component of R&R programmes - Held - The State Government is directed to frame rules and create an ecosystem ensuring that rehabilitative services are not stalled by executive inertia - [Paras 142-169].

Decision: Appeals allowed - Bail granted to the appellant with specific directions for the implementation of an R&R programme including academics, yoga, and vocational activities - Directions issued to JJBs/Children's Courts across Uttar Pradesh to ensure the assessment of educational and rehabilitative needs during all bail proceedings.

Civil Law - Recovery of Money - Code of Civil Procedure 1908 - Section 100 - Appeal against concurrent findings - Trial Court and First Appellate Court decreed suit for recovery based on documentary evidence and testimony of attesting witnesses - Appellants contended that trial court relied on hearsay and failed to prove inheritance of estate - High Court observed that lower courts correctly appreciated the evidence regarding the loan transaction and the execution of the promissory note - Held - No substantial question of law arose - Appeal dismissed - [Paras 1-58].

Civil Law - Limitation - Limitation Act 1963 - Section 18 - Acknowledgment of debt - Loan amounts advanced on different dates in 2014 and 2017 consolidated into a single promissory note dated 01.05.2017 - Held - Acknowledgment in writing of a debt in the promissory note effectively extended the period of limitation - Suit held to be within the period of limitation - [Paras 30-41].

Civil Law - Legal Heir Liability - Code of Civil Procedure 1908 - Section 50 - Liability of legal representatives - Appellants argued they inherited no estate from the deceased debtor - Evidence emerged of sale of property by legal heir shortly after debtor's demise - Appellants withheld sale deed documents to prove ownership status - Held - Adverse inference drawn against appellants regarding inheritance of estate - Liability of legal heirs stands affirmed to the extent of the inherited estate - [Paras 50-56].

Evidence Law - Burden of Proof - Indian Evidence Act 1872 - Section 101 - Friendly loan - Plaintiff established advancement of funds via bank statements and testimony of attesting witnesses - Defendants failed to challenge signatures on instruments or lead forensic evidence to prove forgery - Held - Plaintiff successfully discharged the initial burden of proof - [Paras 22-48].

Decision: Appeal dismissed – Concurrent judgments and decrees of the lower courts upheld – Pending applications disposed of.

Criminal Law - Procuring Minor for Prostitution - Indian Penal Code 1860 - Section 373 - Raid conducted at a premises in Budhwar Peth Pune resulting in rescue of minor girls and arrest of applicants - Trial Court convicted applicants under Section 373 IPC while acquitting them under PITA Act - Appellate Court confirmed conviction - High Court upheld concurrent findings noting that testimony of victim girls regarding coercion and earnings from prostitution remained unrebutted and corroborated by medical evidence of minority - Held - Prosecution successfully proved ingredients of Section 373 IPC and absence of female police officer during raid does not invalidate proceedings as relevant judicial guidelines were directory and not mandatory at the time - Revision application dismissed - [Paras 1-30].

Evidence Law - Medical Testimony - Indian Evidence Act 1872 - Section 45 - Age Determination - Ossification Test - Competency of Medical Officer - Medico-legal expert testifying on clinical and radiological examination regarding age of victims - Held - Medical opinion regarding age based on clinical and radiological examination is reliable even if the witness is not a specialist radiologist - [Paras 12-14].

Criminal Law - Investigating Procedure - Arrest of Female Accused - Code of Criminal Procedure 1973 - Section 46 - Absence of Female Police Officer - Raid conducted in December 2003 - Held - Prior to 2009 amendment to Section 46 of CrPC there was no statutory requirement for a female officer's presence and judicial directions regarding the same are directory, allowing for departure if circumstances demand provided reasons are recorded or manifest from exigencies of the operation - [Paras 19-21].

Evidence Law - Panchnama - Credibility of Raiding Party - Panch witness turned hostile - Held - Testimony of police officers who were members of the raiding party can be relied upon to prove the panchnama and the occurrence of the raid when their evidence is consistent and corroborated by victim statements - [Paras 23-27].

Decision: Revision application rejected – Concurrent findings of conviction and sentence affirmed – Applicants granted 4 weeks to surrender before the concerned police station – Bail bonds canceled.

Criminal Law - Quashing of FIR - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Inherent powers - Parties engaged in long-standing civil litigation regarding title and possession of property - Complainant initiated criminal proceedings under BNS and SC/ST Act after failing to obtain or extend interim injunctions in pending civil suits - Court held that criminal law cannot be weaponized to resolve civil disputes or serve as a surrogate for civil adjudication where title and possession remain contested - Allegations in the complaint found to be a counter-blast to pending civil proceedings - Held - Continuance of proceedings constitutes abuse of process - FIR quashed - [Paras 1-34].

Criminal Law - SC/ST Act - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - Section 3(1)(r) and 3(1)(s) - Public View - Crucial ingredient of place within public view is missing - Incident alleged within private land during property dispute - Ratio Decidendi - Mere existence of a civil dispute between members of different communities does not attract the Act unless the specific intent to humiliate on the basis of caste is proved and the incident occurs in public view - Held - Offence not made out as ingredients are absent - [Paras 18-19, 26-28].

Criminal Law - Criminal Trespass - Bharatiya Nyaya Sanhita 2023 - Section 329 - Possession - Foundation of trespass requires possession of another - Petitioners claiming title and possession under registered sale deeds - Title dispute pending before civil court - Ratio Decidendi - Criminal trespass cannot be alleged against persons claiming valid title and possession until civil court adjudicates otherwise - Criminal law cannot pronounce upon title - Held - Ingredients of criminal trespass not satisfied - [Paras 12-15].

Decision: Petitions allowed - FIR in Crime No. 90 of 2025 pending before the 2nd Additional District and Sessions Judge, Bengaluru Rural District quashed.