Criminal Law – Sexual Assault – POCSO Act – Determination of Victim’s Age – The appellant was convicted under Section 7/8 of the POCSO Act for sexual assault on a minor girl – The appellant argued that the age of the prosecutrix had not been correctly determined and that the scholar register alone was insufficient to prove the age – Court upheld the trial court’s reliance on the scholar register (Exhibit-P/6), showing the prosecutrix's date of birth as 09/10/2007, making her under 12 years of age at the time of the incident – Held: The prosecutrix was below 18 years and falls within the scope of a "child" under the POCSO Act – Conviction upheld Paras10−13.

Outraging Modesty of a Minor – Section 7/8 POCSO Act – The appellant contended that the sexual intent was not proven – Court held that the act of pressing the prosecutrix's chest and threatening her was sufficient to indicate sexual intent – Under Section 30(1) of the POCSO Act, the presumption of culpable mental state was applicable, and the appellant failed to prove the absence of such intent – Conviction under Section 7/8 of the POCSO Act was upheld based on the prosecutrix’s testimony and corroborative evidence Paras19−22.

Contradictions in Testimonies – Materiality in Criminal Cases – The appellant pointed out contradictions in the prosecution’s evidence, particularly in the testimony of the prosecutrix’s friend, who turned hostile – Court held that minor contradictions or omissions are not grounds to discard the testimony of the prosecutrix, who is considered an injured witness – In cases of sexual assault, the victim’s consistent testimony is of paramount importance and minor discrepancies do not affect the overall credibility Paras16−18.

Sentencing in POCSO Cases – Stringent Punishment Required – The appellant sought leniency in sentencing, arguing that the charges under Section 9/10 POCSO Act should have been applied due to the victim’s age – Court noted that although the charges were framed under Section 7/8, no remand was necessary for re-trial – The three-year sentence imposed under Section 7/8 POCSO Act was appropriate given the circumstances of the case and the appellant's conduct Paras24−26.

Decision: Appeal dismissed – Conviction and sentence of three years R.I. with a fine of Rs.1,000/- under Section 7/8 of the POCSO Act affirmed – Appellant to serve the remainder of his sentence  Paras27−28.

Criminal Revision Petition – Dismissal – Domestic Violence Act, 2005 - Marriage and Dowry Allegations – Respondent's claim of marriage in 2006 and dowry payment of Rs. 5 lakh. Assertion of domestic violence and harassment by the petitioner and his family, leading to the filing of a DV Act petition and a criminal case under Section 498A of IPC and the Dowry Prohibition Act. [Paras 2, 3]

Trial Court Findings – Conclusion of domestic violence under the DV Act. Order for the petitioner to pay Rs. 25,000 monthly maintenance, cover 50% of the child's educational expenses, and prohibition from committing domestic violence or interfering with the respondent's residence. [Paras 4]

Appeals and Re-Appreciation of Evidence – Dismissal of appeal by the First Appellate Court, upholding Trial Court's findings. [Para 4]

Petitioner's Contentions – Challenge on grounds of erroneous application of DV Act, questioning maintenance amount, and readiness to provide accommodation. [Paras 5, 6]

Respondent's Defense – Emphasis on petitioner's non-involvement at the time of the child's birth and continued domestic violence, justifying the need for DV Act's protection. [Para 7]

High Court's Observation – Confirmation of the Trial Court's decision, considering the petitioner's income and the necessity of maintenance and residence rights under DV Act. No substantial legal error found in the Trial Court's and First Appellate Court's decisions. [Paras 8, 9]

Decision:

Revision petition dismissed, upholding the orders of the Trial and First Appellate Courts. [Para 10]

Quashing of Cognizance and Summoning Order – Application under Section 482 Cr.P.C. – Applicant seeks quashing of order of cognizance and summoning dated 11.05.2015 in Case No.110 of 2015 – Allegations under Sections 406/323/504/506/34 IPC – Applicant contends that order lacks application of mind as his name was transcribed in the order but no cognizance was taken against him – Applicant argues that proceedings against him are an abuse of process of law – State argues that cognizable offence against applicant is made out – Court examines the legality of taking cognizance on a printed proforma without application of judicial mind – Court emphasizes the duty of Magistrate to apply judicial mind while taking cognizance – Court cites precedents highlighting the requirement of judicial application in summoning orders – Court observes that order lacks proper application of mind and is against settled judicial norms – Court quashes impugned cognizance and summoning order – Direction given to decide issue afresh within two months while adhering to judicial norms. [Paras 1-40]

Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2-3].

Quashing of Cognizance under Limitation Period – Criminal Miscellaneous Case – Delhi High Court sets aside Sessions Court judgment – Accused discharged from charges under Section 498A/34 IPC challenged – Held, the cognizance was not time-barred; period calculated from the date of filing the complaint, not the date of cognizance by the Magistrate – Following Supreme Court precedents, cognizance by Magistrate under Sections 498A/406 IPC valid despite delay in FIR registration. [Paras 12-18]

Role of Police Officer as Complainant – Analyzing bias against police officers in domestic violence cases – Held, the status of a complainant as a police officer does not negate the possibility of being a victim of domestic violence; stereotypes about professional toughness dismissed – Importance of impartial judicial assessment without bias reiterated. [Paras 24-30]

Gender Neutrality in Judicial Decision-Making – Discussed the need for gender neutrality in judiciary – Highlighted the misconception that women in authoritative roles cannot be victims of domestic abuse – Emphasized on judicial education to combat hidden biases and uphold gender neutrality in legal proceedings. [Paras 31-36]

Decision – Reinstatement of Charges – Delhi High Court reverses Session Court’s discharge of accused – Cognizance of charges under Sections 498A/34 IPC upheld – Case remanded back to the trial court for continuation of proceedings. [Paras 45-49]

Criminal Procedure - Bail Application – Narcotic Drugs and Psychotropic Substances Act, 1985 – Application of Section 439 CrPC - The accused applied for bail under Section 439 of the Criminal Procedure Code, 1973, in connection with offences under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Applications were consolidated due to arising from the same crime. [Para 1]

Prosecution Allegations – Possession of Contraband – MDMA and Methamphetamine – Accusations against the accused included possession of 499.28 grams of MDMA, later identified as Methamphetamine, a commercial quantity of contraband, seized during a vehicle interception by the authorities. [Para 2, 6]

Defence Contentions – Violation of NDPS Act Provisions and Rules, Prejudice Due to Delay in Sample Analysis – Defence argued innocence and false implication, highlighting procedural violations in the seizure and analysis of contraband under the NDPS Act and related Rules, specifically pointing out delay in forwarding samples to the laboratory, causing prejudice to the accused. [Para 4, 11]

Prosecution's Argument – Substance as Commercial Quantity, Compliance with NDPS Act Requirements – Prosecution contended the involvement of the accused, citing the commercial quantity of the contraband and compliance with procedural requirements under the NDPS Act. Reliance was placed on Supreme Court and High Court precedents emphasizing the irrelevance of detention length in NDPS cases. [Para 5]

Judicial Analysis – Consideration of Rule Violations, Application of Section 37 of NDPS Act – The court noted the allegation of rule violations, but maintained that determination of procedural compliance and resulting prejudice was a matter for trial. The focus was on the applicability of Section 37 of the NDPS Act due to the commercial quantity of the contraband. [Para 7-15]

Decision – Denial of Bail, Application of Section 37 Rigours – Bail was denied considering the nature and gravity of the offence, the commercial quantity of the contraband, and the applicability of Section 37 of the NDPS Act. The court found no reasonable grounds to believe that the petitioners had not committed the alleged offences and noted the potential risk of repetition of offences. [Para 16-21]

Quashing of FIR and Criminal Proceedings – Petition filed under Section 482 of Cr.P.C. for quashing FIR lodged at Crime No.999 of 2018 under Sections 498A, 323, 506, 34, 325, and 313 of IPC after mutual divorce settlement – Involves matrimonial dispute between petitioners and respondent no. 2, leading to various legal proceedings and eventual mutual divorce [Paras 2, 4-5].

Matrimonial Dispute and Legal Proceedings – Marriage of petitioner no. 1 and respondent no. 2 led to disputes and numerous cases, including divorce petitions, maintenance claims, domestic violence allegations, and eventual mutual divorce decree [Para 4].

Agreement and Settlement in Mutual Divorce – As per divorce settlement, respondent no. 2 agreed to withdraw all cases post receiving Rs. 50 lakhs, but did not withdraw the present case, leading to this petition [Paras 5, 12-13].

Allegation of Illegal Abortion – Charges under Section 313 of IPC for alleged illegal abortion, based on Medical Termination of Pregnancy (MTP) report from Bombay Hospital, challenged as being falsely implicated [Paras 6-7, 14-15].

Abuse of Legal Process – Allegations of misuse of the legal process by respondent no. 2, holding the case as a tool of harassment against petitioners [Paras 16, 18, 20].

Court's Observation – Court noted misuse of the legal process, no substantiation for Section 313 IPC charge, and deliberate non-withdrawal of the case by respondent no. 2 despite mutual divorce settlement [Paras 14-16, 19-20].

Decision – Court allowed both petitions, quashed FIR, and subsequent criminal proceedings; imposed costs of Rs. 1 lakh on respondent no. 2 for misuse of court's process, to be paid to petitioner no. 1 [Paras 20-21

Criminal Law – Money Laundering – Bail Application – Applicant Sanjay Kansal, involved in creating fictitious firms and facilitating bogus transactions leading to siphoning of funds from a bank loan received by M/s SBBEL – Arrested under ECIR for money laundering, with allegations of being instrumental in bogus sales and purchases totaling significant amounts – Applicant not a key managerial person but alleged to have acted under the direction of relatives who were the main accused – Prosecution based on statements under Section 50 PMLA, which applicant claims were manipulated – Various similarly placed co-accused not arrested, raising issues of parity – Bail granted based on the lack of direct evidence of applicant’s knowledge or intent to launder money, his role in the company, and judicial discretion under PMLA regarding bail conditions. [Para 1-35]

Summoning - Drugs and Cosmetics Act, 1940, Section 28 - Code of Criminal Procedure, 1973, Sections 468, 469 - Offence punishable under - Maximum punishment - Imposition of sentence - Scope of - Whether, in a case where an offence is punishable under Section 28 of the Drugs Act with a maximum imprisonment for a term of one year, the Court can take cognizance of the offence beyond the period of limitation prescribed under Section 468 of the Cr.P.C. - Held, no - Once the report of the Government Analyst was received by the respondent, the complaint filed after the expiry of the period of limitation was clearly barred by limitation - Summoning order passed by the Additional Sessions Judge, Sirsa against the petitioner was beyond jurisdiction - Criminal proceedings rendered unsustainable . (para 9, 10)

Amendment of complaint - Maintaining a criminal complaint against a company without impleading its authorized representative - Whether permissible - Held, maintaining criminal proceedings against the company only, when sentence of imprisonment cannot be imposed on the juristic person, is an exercise in futility - Application seeking impleadment through amendment doubted for its maintainability. (para 11)

Limitation - Commencement of the period of limitation - Report of the Laboratory - Whether the limitation for filing a complaint commences from the date of receipt of the report of the Central Insecticide Testing Laboratory or from the date of the report received from the competent authority – Held - the limitation commences from the date of the offence alleged to have been committed - The report received from the competent authority cannot be the basis for the commencement of limitation. (para 8)

Criminal Procedure Code, 1973 - Sections 468, 469 - Offences under Drugs and Cosmetics Act, 1940 - Limitation for taking cognizance of offence - Whether the period of limitation should be computed from the date of the offence or from the date of receipt of the report or from the date of knowledge of the commission of offence – Held - the period of limitation should be computed from the date of the offence alleged to have been committed - The date of receipt of the report or the date of knowledge of the commission of offence are relevant only when the date of the offence is not known to the person aggrieved or the police officer. (para 8)

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Section 19 read with Section 21 – Override of restrictions imposed under Section 198(1) read with Section 198(3) of the Code of Criminal Procedure, 1973 (Cr.P.C) – Declaration by the court – Court declares that Section 19 read with Section 21 of the POCSO Act shall override the restrictions imposed by Section 198(1) read with Section 198(3) of the Cr.P.C – POCSO Act being a special law dealing with sexual abuse and exploitation of children prevails over the general law (Cr.P.C) to the extent dealt with.

Marital rape of minor victims – Limitation period for filing a complaint – Extension of limitation period – Court’s observations – The court clarifies that Section 3(3) of the Prohibition of Child Marriage Act, 2006 (PCM Act) dealing with voidability of child marriage does not extend the limitation period for filing complaints in cases of rape of minor children who are married – However, Section 472 and Section 473 of the Cr.P.C empower the courts to extend the period of limitation if necessary or if the delay has been properly explained.

Relevant legal provisions – Doctrine of harmonious construction – In cases where a general law and a special law cover the same subject matter, the special law prevails over the general law to the extent dealt with – Principle of lex specialis derogat legi generali applied