Criminal Law – Rape Conviction – Sentencing Reduced – Appellant convicted under Sections 451, 376, and 506 IPC for committing rape, trespass, and criminal intimidation – Trial Court sentenced him to rigorous imprisonment: 1 year for Section 451, 3 years for Section 506, and 7 years for Section 376 IPC, with fines imposed – High Court upheld the conviction but reduced the sentence under Section 376 IPC to the period already undergone (3 years) based on mitigating circumstances and the prosecutrix's pardon [Paras 1, 16–17].

Sole Testimony of Prosecutrix – Reliability – High Court reaffirmed that a conviction can be based on the sole testimony of the prosecutrix if found trustworthy – Despite minor inconsistencies in her statements, the prosecutrix’s testimony was deemed credible and sufficient to convict the appellant – Medical examination corroborated the allegations of rape – Independent witness (PW4) partially supported the case by confirming that the prosecutrix raised an alarm immediately after the incident [Paras 6–9].

Defective Investigation – No Impact on Conviction – Appellant argued absence of FSL report and defective investigation – Court held that such lapses do not absolve guilt if the victim’s testimony is credible – Cited Dhanraj Singh v. State of Punjab [(2004) SC] to emphasize that defective investigation should not benefit the accused if sufficient evidence exists [Para 10].

Sentencing Principles – Mitigating Factors – Considering the appellant’s age (20 years at the time of the incident), lack of prior criminal antecedents, and the passage of 17 years since the offence, High Court invoked the proviso to Section 376 IPC (as it stood in 2007) allowing reduction of the minimum sentence of 7 years – Cited Baldev Singh v. State of Punjab [(2011) SC] and Puran Singh v. State (NCT) of Delhi [(2010) Del HC] to justify sentencing leniency [Paras 14–16].

Prosecutrix’s Pardon – Impact on Sentencing – Prosecutrix’s affidavit forgiving the appellant further influenced the Court to reduce the sentence – Affidavit filed in 2011 acknowledged her pardon for the appellant’s unlawful act [Para 15].

Decision – Appeal Partly Allowed – Conviction under Sections 451, 376, and 506 IPC upheld – Sentence under Section 376 IPC reduced to the period already undergone (3 years) – Bail bonds canceled, surety discharged – Judgment communicated to the Trial Court and Jail Superintendent [Paras 16–18].
 

Taxation Law - Goods and Services Tax – Maintainability of Writ Petition against Show Cause Notice – Limited Jurisdiction – A writ petition challenging a Show Cause Notice under Section 74 of the CGST/WBGST Act is not maintainable unless the notice is wholly without jurisdiction or ex-facie perverse. Procedural grievances, such as alleged non-consideration of replies, can be addressed during the statutory adjudication process under Section 74(9). Decision: The writ petition was dismissed as the petitioners failed to demonstrate any jurisdictional error or perversity in the issuance of the notice. [Paras 14, 19, 20, 22].

Input Tax Credit – Buyer’s Obligations under Section 16 of the CGST/WBGST Act – Non-Automatic Reversal – Recovery of unpaid taxes should primarily be made from defaulting suppliers, as clarified by the CBIC Press Release dated 04.05.2018, but buyers are not absolved from ensuring compliance with conditions for availing ITC under Section 16. Decision: Retrospective cancellation of suppliers' GST registrations does not invalidate transactions but requires buyers to verify claims of ITC. [Paras 8, 21].

Principles of Natural Justice – Consideration of Replies to Pre-SCN Intimation – Not Mandatory – A reply to pre-SCN Form GST-DRC-01A need not be adjudicated upon before issuing a formal SCN under Section 74(1). The petitioners' contention that their reply was ignored does not amount to a violation of natural justice as they have the opportunity to raise all defenses during the adjudication process. Decision: The issuance of the SCN was valid and did not breach the principles of natural justice. [Paras 9, 16, 20].

CBIC Press Release – Limited Applicability – The CBIC Press Release dated 04.05.2018 does not provide immunity to buyers against reversal of ITC unless exceptional circumstances exist. Decision: Buyers' obligations under Section 16 remain unaffected, and procedural safeguards under the GST framework provide adequate remedies. [Paras 10, 21].
 

Motor Vehicle Act – Pay and Recovery – Owner’s Negligence in Verifying Driver’s Licence – Accident resulting in fatalities of rider and pillion rider due to rash and negligent driving of the first respondent without a valid driving licence – Tribunal directed insurance company to pay compensation to claimants with recovery rights against the vehicle owner – High Court upheld Tribunal's findings, emphasizing owner's duty to verify licence and competence of driver – Appeals dismissed [Paras 4–11].

Tribunal's Findings – Violation of Policy Conditions – Tribunal found the accident caused by the first respondent’s negligence – Driver lacked a valid licence, constituting breach of insurance policy terms – Ordered compensation payment by insurer with recovery rights against vehicle owner [Paras 4–5].

Owner’s Duty – Verification of Driver’s Credentials – High Court reiterated that vehicle owners are obligated under Section 5 of the Motor Vehicles Act to ensure drivers possess valid licences – No evidence presented by appellant to show licence verification or competence test before hiring driver – Mere engagement of counsel before Tribunal without filing written statement insufficient to rebut breach of policy conditions [Paras 6–11].

Judicial Precedents – Liability and Recovery Rights – Cited United India Insurance Co. Ltd. v. Lehru [(2003) 3 SCC 338] and Beli Ram v. Rajinder Kumar [2020 (5) KLT OnLine 1015 (SC)] – Affirmed principles that insurer must pay third-party claims but retains recovery rights against insured if policy breach proven – Owner's plea of lack of means to verify licence authenticity rejected [Paras 9–10].

Decision – Appeals Dismissed – High Court held that failure of the owner to verify driver’s licence and competence constituted breach of insurance policy terms – Directed no interference with Tribunal's pay-and-recovery order – No costs imposed [Paras 11].
 

Criminal Law – Hate Speech – Scope of Sections 504 and 505(2) IPC – Quash Petition Allowed – Petitioner accused of making provocative statements against a political leader and remarks regarding religious property management during a YouTube interview – Held: Statements related to the political leader could, at most, give rise to defamation claims and not offences under Sections 504 or 505(2) IPC – Comments on religious property management did not incite enmity or ill-will among different groups – Continuation of proceedings would constitute abuse of process of law [Paras 15–19, 22].

Freedom of Speech – Limitations – Hate Speech – Court recognized the limits of free speech, emphasizing the duty to promote harmony and avoid communal disharmony – Petitioner’s statements, while critical of administrative practices, were not targeted at inciting hatred or enmity among religious groups – Held: Right to freedom of speech under Article 19(1)(a) must be balanced with duties under Article 51A of the Constitution [Paras 14–19].

Rubber Stamp Cognizance – Improper Judicial Process – Trial court took cognizance of the case without applying judicial mind, as evident from the rubber stamp endorsement – Held: Such mechanical cognizance undermines judicial procedure and vitiates the process – Cognizance quashed [Paras 20–21].

Judicial Review – Quashing Criminal Proceedings – Abuse of Process – Court emphasized its role under Section 482 Cr.P.C. to prevent abuse of judicial process – Held: Continuation of proceedings without prima facie evidence is an abuse of law and violates fundamental rights of the petitioner [Paras 21–23].

Decision: Criminal proceedings in C.C. No. 548 of 2021 quashed – Petition allowed – Connected miscellaneous petitions closed [Para 23].

Criminal Law – Bail Application – Offence under Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023 – Bail Granted – The petitioner, accused of receiving Rs. 65,00,000 on the promise of arranging a job in Australia and failing to fulfill the promise, resulting in the suicide of the complainant, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court held that the applicability of Section 108 of the BNS requires further investigation, and no conclusive observations were made on the merits. However, considering the petitioner’s detention period and the principle that bail is the rule and jail is the exception, the Court allowed the bail application subject to stringent conditions. The petitioner was directed to execute a bond and comply with conditions to ensure proper investigation and compliance [Paras 6-10].

Bail Jurisprudence – Principle of Bail as Rule and Jail as Exception – Applicability – Bail Allowed – The Court reaffirmed the principle established by the Hon’ble Supreme Court in P. Chidambaram v. Directorate of Enforcement and Jalaluddin Khan v. Union of India, wherein it was held that denial of bail in deserving cases violates Article 21 of the Constitution. Considering the facts and circumstances of the case, the Court held that continued detention of the accused was unwarranted and allowed the bail application [Paras 7-10].

Judicial Observations – Conditions for Bail – Safeguards to Prevent Abuse – Directions Issued – The Court imposed conditions, including the requirement to cooperate with the investigation, prohibition on leaving the country without prior permission, and assurance of good conduct, to prevent misuse of bail and to safeguard the investigation process. It was further directed that any violation of these conditions could lead to cancellation of bail by the jurisdictional court. Held: Bail granted with stringent conditions to ensure balance between personal liberty and the integrity of the investigation [Para 10].

Quashing of Proceedings – Power of High Court under Section 482 CrPC – Despite being non-compoundable, criminal proceedings under Sections 306 and 498A IPC can be quashed if evidence is insufficient, and the nature of the allegations is private and matrimonial. Amicable settlement for the welfare of the victim’s children weighed heavily in favor of quashing – Held: Proceedings quashed as there was no reasonable likelihood of conviction, and parties had settled their disputes amicably [Paras 17-19].

Abetment to Suicide – Lack of Evidence – The essential ingredients of Section 306 IPC, requiring direct or indirect incitement, were absent. The victim’s daughter confirmed no involvement of the accused in her mother's death, and the post-mortem report indicated death due to hanging, without external injuries – Held: No prima facie case of abetment to suicide under Section 306 IPC established against the petitioners [Paras 13-16].

Amicable Settlement – Balancing Justice and Welfare – Given the amicable resolution and the parties’ decision to ensure the welfare of the victim’s children, the Court emphasized that pursuing the matter would be counterproductive and a misuse of judicial process – Held: Settlement considered in quashing proceedings, aligning with principles of justice and societal welfare [Paras 17-18].

Relevance of Precedent – Distinguished from Daxaben Case – The Court distinguished Daxaben vs. State of Gujarat, emphasizing that the present case involved the victim’s immediate family (complainant and children), making the compromise valid and reasonable under the circumstances – Held: Factual distinctions from precedent justify the exercise of inherent powers to quash proceedings [Para 18].

Decision: The criminal proceedings in GR Case No. 517 of 2021 pending before the Additional Chief Judicial Magistrate, Rampurhat, were quashed. The Court emphasized the absence of prima facie evidence under Section 306 IPC and acknowledged the amicable settlement between the parties, prioritizing the welfare of the victim's children.
 

Criminal Law - Customs Act – Alleged Possession of Contraband Gold – Acquittal Upheld – The accused was charged with unlawful possession of 1000 tolas of primary gold under the Customs Act, 1962, and Gold (Control) Act, 1968 – Prosecution relied heavily on the confessional statement under Section 108 of the Customs Act and testimony of DRI officials – No independent witnesses or corroborative evidence presented – Held: Prosecution failed to prove the accused's conscious possession of the contraband beyond reasonable doubt – Acquittal upheld [Paras 10-13].

Confessional Statement – Retraction and Lack of Corroboration – Benefit of Doubt Given – The accused retracted her confessional statement alleging coercion and language barriers – The statement, recorded in English and signed in Urdu, lacked corroboration from independent witnesses – Held: Retraction cast serious doubts on voluntariness and reliability of the confession, benefiting the accused with acquittal [Paras 11-12].

Burden of Proof – Evidence Beyond Reasonable Doubt – Failure of Prosecution – The Court noted that the prosecution failed to establish sole occupancy of the premises or conscious possession by the accused – Lack of independent witnesses, unavailability of panchas, and procedural gaps weakened the case – Held: Prosecution did not meet the burden of proof, leading to dismissal of the appeal [Paras 10-11].

Decision – The appeal was dismissed, and the Trial Court's judgment acquitting the accused was upheld – The accused was given the benefit of doubt due to the prosecution's failure to prove the case beyond reasonable doubt [Paras 13-14].

Mutation and Vesting of Land – No Entitlement to Mutation – Appellants sought mutation of premises No. 15A, Armenian Street, Kolkata, based on a registered deed of conveyance. The Court affirmed findings that the property vested in the State as a "Khatal" under the West Bengal Thika Tenancy Act, 2001, as of January 18, 1982. Consequently, the appellants had no ownership or right to mutation – Held: Appellants have no locus to claim mutation. Mutation application rightly denied by Kolkata Municipal Corporation [Paras 64-65].

Jurisdiction of Thika Controller – Findings on Khatal Valid – While the Thika Controller found the land to be a "Khatal" and not a Thika property, the Court held that determining the nature of the property was within the ancillary jurisdiction of the Controller while adjudicating Thika tenancy disputes under the Act of 2001 – Held: Finding of Khatal status was within jurisdiction and valid. Appellants estopped from challenging the Controller's decision, having failed to appeal earlier [Paras 47-51, 62].

Suppression of Material Facts – Misconduct Established – The appellants participated in Misc. Case No. 26 of 2009 but failed to disclose this in their writ petition. They also suppressed the order dated January 28, 2011, and relied on an unverified document purporting to amend this order – Held: Appellants approached the Court with unclean hands, justifying dismissal of the writ petition and imposition of costs [Paras 67-75].

Costs and Section 340 CrPC Proceedings – Affirmed – Costs of Rs. 25 lakhs imposed for suppression of material facts and deliberate misrepresentation. Direction for initiation of proceedings under Section 340 CrPC upheld. – Held: Appellants’ misconduct warrants penal and financial sanctions [Paras 76-78].

Maintenance Under Section 125 CrPC – Wife Living Separately – Right Upheld - The respondent wife was awarded maintenance of Rs. 6,000 per month for herself and Rs. 5,000 for her minor daughter. Despite the petitioner obtaining an ex-parte decree for restitution of conjugal rights, the Court held that the wife had justifiable grounds to live separately due to alleged harassment – Held: Maintenance rightly awarded, and decree under Section 9 HMA does not preclude wife’s entitlement [Paras 8-10, 15].

Ex-parte Decree Under Section 9 HMA – Limited Effect in Maintenance Cases - The Court reiterated that an ex-parte decree for restitution of conjugal rights does not automatically bar maintenance under Section 125 CrPC. The wife’s reasons for separation, including allegations of harassment, must be independently examined – Held: Ex-parte decree insufficient to deny maintenance; respondent wife justified in living separately [Paras 10-12].

Quantum of Maintenance – Determination Based on Husband's Financial Status - The petitioner’s claim of unemployment was not supported by evidence, while the wife demonstrated her inability to maintain herself and her child. The awarded maintenance reflects a balance ensuring neither extravagance nor penury – Held: Maintenance amount reasonable and aligned with husband’s financial capacity [Paras 13-14].

Judicial Precedents on Maintenance – Guidance for Adjudication - The Court relied on precedents like Babita v. Munna Lal (Delhi High Court) and Avedesh Kumar Tiwari v. Chitra Tiwari (MP High Court), emphasizing that maintenance cannot be denied solely based on an ex-parte decree for restitution of conjugal rights – Held: Maintenance orders must focus on substantive justice and socio-economic balance [Paras 10-15].

Decision: The Court dismissed the revision petition, affirming the Family Court’s order awarding maintenance, and held that the petitioner’s ex-parte decree under Section 9 HMA does not bar maintenance claims. Pending applications were also disposed of.