Criminal Law – Kidnapping and Sexual Assault – Appellant convicted for kidnapping and sexually assaulting a minor girl – Conviction under Sections 363, 366 IPC and Section 4 of POCSO Act by the trial court – High Court partially upholds and partially overturns the conviction – Insufficient evidence for Section 4 of POCSO Act and Section 366 IPC – Conviction under Section 363 IPC upheld [Paras 1-34].

Witness Testimony – Reliability of Victim’s Statement – Victim declared hostile, denied sexual assault – Medical evidence and recovery of items questioned due to procedural lapses and lack of corroboration – High Court notes the importance of consistency in witness testimony and procedural correctness [Paras 19-24].

Forensic Evidence – DNA and Medical Examination – Issues with sample collection and preservation – Prosecution failed to prove chain of custody for forensic samples – High Court rules that forensic evidence was unreliable due to procedural gaps [Paras 25-29].

Section 363 IPC – Conviction Upheld – Despite victim’s hostile testimony, sufficient evidence to convict under Section 363 IPC – Appellant’s actions constituted kidnapping from lawful guardianship [Para 33].

Section 366 IPC and Section 4 of POCSO Act – Convictions Overturned – Lack of evidence to prove intent to marry or sexual intercourse – High Court sets aside these convictions [Para 34].

Decision: Appeal partly allowed – Conviction and sentence under Section 363 IPC upheld, sentences under Section 366 IPC and Section 4 of POCSO Act set aside – Appellant to be released as period of sentence already undergone [Paras 34-36].

Land Acquisition – Review of Orders – Possession and Compensation – Review applicants, Union of India and Defence Estate Officer, sought review of orders dated November 21, 2016, and December 6, 2016, directing compensation to Terai Tea Company under the Act of 2013 – Review sought on grounds of not being parties to the original proceedings and adverse effect on their rights due to State Government’s concession – Held, Terai Tea had no right, title, or interest in the subject land as possession was taken by the Defence Estate in 1972 – Renewal of lease by State Government in 1976 was invalid as Terai Tea was not in possession – Orders under review recalled [Paras 1-50].

Review Jurisdiction – Error Apparent on the Face of Record – Non-party Review Applicants – Supreme Court precedents allow review by non-parties if adversely affected – Error in the original orders recognized, as State Government’s concession was beyond its delegation authority – Principles of Order 47, Rule 1, CPC applied, allowing review due to mistake of fact and law [Paras 35-51].

Decision: Review allowed – Orders dated November 21, 2016, and December 6, 2016, recalled – State Government’s direction to initiate proceedings under the Act of 2013 set aside – Review application and connected applications disposed of without costs [Paras 50-51].

Compassionate Appointment – Criteria and Application – Petitioners challenged the denial of compassionate appointment to Pradip Kumar Pandit despite multiple directives for reconsideration from the learned Tribunal. The respondents repeatedly rejected the application based on the inapplicability of educational qualifications and procedural grounds. The court affirmed that the compassionate appointment is discretionary and must be justified by the unique circumstances of each case, including the need of the family, financial status, and timing of the application.

Service Jurisprudence – Equality and Non-Discrimination – Petitioners argued for similar treatment as other non-matric candidates who received appointments subject to acquiring qualifications later. The court held that such relaxation depends on individual merits and specific case circumstances, denying automatic entitlement based on other cases.

Judicial Review – Scope and Limitations – The court emphasized the narrow scope of judicial review in administrative decisions on compassionate appointments, focusing on errors of law or significant injustice. It found no patent errors or substantial failure of justice in the respondents’ decision.

Decision: Writ Petition Dismissed – The court upheld the respondents’ decision to deny Pradip Kumar Pandit’s application for compassionate appointment, finding no merit in the claims of arbitrary and discriminatory treatment. The Tribunal’s and respondents’ orders were found consistent with the legal framework and discretionary powers.
 

Mutation Proceedings – Summary Nature – Petitioners' Father’s Property Mutation Dispute – Petitioners challenged the mutation orders favoring the respondent, based on an earlier Will – Petitioners claimed subsequent Will in their favor – Court observed the mutation proceedings are summary and fiscal, not determining title – Petitioners required to pursue civil court for title dispute – Writ petition dismissed [Paras 1-46].

Writ Jurisdiction – Mutation Orders – The writ petition under Article 227 challenged mutation orders – Court emphasized writ jurisdiction limitations in summary proceedings of mutation – Affirmed previous rulings that mutation entries do not confer title, only fiscal effects [Paras 1-22, 29-45].

Delay in Filing Restoration Application – Petitioners' delay in seeking restoration and challenging the mutation orders – Court noted procedural deficiencies and failure to timely assert claim under subsequent Will – Restoration application deemed time-barred [Paras 7-10, 35-37].

Decision: Writ Petition Dismissed – Held – Petitioners directed to seek redressal through appropriate civil court to establish their title based on the subsequent Will – Mutation proceedings not interfered with under writ jurisdiction** [Paras 45-46].
 

Criminal Law – Rape Conviction – Appellant convicted for rape and impregnating a minor girl – Trial court sentenced appellant to 12 years R.I. and fines – High Court notes discrepancies in prosecution’s case and victim’s contradictory statements – Victim and her mother retracted accusations, stating pressure from villagers – No substantial evidence proving victim’s age below 18 years – Doubts raised about the prosecution’s handling and veracity of charges [Paras 1-26].

Victim Testimony – Retracted Accusations – Victim initially accused appellant of rape resulting in pregnancy – During trial, she and her mother denied accusations, claiming pressure from co-villagers – High Court scrutinizes reliability of retracted testimony and lack of corroborative evidence [Paras 10-21].

Age Determination – Lack of Proof – Prosecution failed to conclusively prove victim’s age as under 18 – High Court emphasizes importance of verifying victim’s age to establish jurisdiction under POCSO Act [Para 21].

Benefit of Doubt – High Court acknowledges inconsistencies and lack of reliable evidence – Appellant given benefit of doubt – Conviction and sentence set aside – Appellant ordered to be released if not required in any other case [Paras 25-28].

Decision: Appeal allowed – Conviction and sentence set aside – Appellant to be released forthwith if not required in connection with any other case [Paras 26-28].

Civil Procedure – Additional Documents in Commercial Suits – Plaintiffs filed an application under Order XI Rule 1(5) CPC for leave to file additional documents – Defendants opposed the application, arguing that documents should have been filed earlier – Court allowed certain additional documents, noting the necessity of their production for a just decision and emphasizing procedural flexibility in commercial suits [Paras 1-39].

Commercial Dispute – Duty of Disclosure – High Court emphasized the plaintiff’s obligation to disclose all relevant documents at the initial stage – Recognized the reasonable cause for late filing of documents due to their relevance in response to defendants’ case or for witness cross-examination [Paras 21-33].

Reasonable Cause for Non-Disclosure – Explained the distinction between “reasonable cause” and “sufficient cause” under Order XI Rule 1(5) CPC – Applied a liberal interpretation to ensure justice and fairness in commercial disputes [Paras 24-30].

Decision: Application allowed in part – Certain additional documents taken on record – Liberty granted to plaintiffs to confront defendants’ witnesses with specific documents during trial – Application of strict procedural rules moderated to serve the ends of justice in commercial litigation [Paras 37-39].
 

Criminal Law – Rape and Aggravated Sexual Assault – Conviction Affirmed: Appellant convicted of raping a 7-year-old girl (P.W.2) and attempting to rape another minor (P.W.3) – Conviction based on the consistent and reliable testimonies of the victims, corroborated by medical evidence showing physical injuries consistent with sexual assault – Defense’s argument of false implication due to family disputes was rejected [Paras 1-30]. 

Witness Testimony – Reliability and Consistency: Sole eyewitnesses, the minor victims, provided consistent accounts of the assault – Testimonies of P.W.1 (mother of P.W.2) and P.W.4 (father of P.W.3) corroborated the victims' statements – Medical evidence confirmed injuries consistent with rape and attempted rape – Court held the victim testimonies as reliable and credible [Paras 10-21]. 

Procedural Compliance under POCSO Act: Delay in recording victim testimonies justified due to administrative constraints and the accused’s delay in engaging counsel – The court found the explanation for the delay plausible and not detrimental to the prosecution's case [Paras 29-30]. 

Decision: Appeal dismissed – Conviction and sentence of life imprisonment for the appellant affirmed – Appellant granted liberty to seek state government remission of the sentence considering mitigating factors and time already served [Para 31]. 

Criminal Law – Conviction for Culpable Homicide Not Amounting to Murder – The appellant was convicted for the offence under Section 304 Part II IPC by the trial court, which sentenced him to seven years of rigorous imprisonment and a fine. The High Court examined inconsistencies in medical evidence and unexplained gaps in the victim’s treatment timeline, raising doubts about the causation of death directly from the alleged assault [Paras 1-24].

Medical Evidence – Inconsistencies – Discrepancies noted between injury reports by different medical officers and the autopsy report regarding skull fractures and other injuries. The absence of detailed explanation for treatment gaps questioned the direct link between the assault and the victim’s death [Paras 9-18].

Prosecution Case – Doubtful Evidence – The prosecution’s evidence revealed contradictions in the testimonies of key witnesses, including the informant and the medical officers, undermining the reliability of the complaint and the direct causation of death [Paras 9-18].

Benefit of Doubt – Two Possible Views – Following the principle that if two views are possible—one pointing to guilt and the other to innocence—the view favoring the accused should be adopted. The court found significant doubts in the prosecution’s case due to the unexplained treatment gap and inconsistent medical evidence [Paras 19-20].

Decision:

Appeal allowed – Conviction and sentence set aside – The appellant was found not guilty under Section 304 Part II IPC. The court ordered the appellant’s release, unless wanted in connection with any other case [Paras 21-24].

Rent Control – Bonafide Requirement – Eviction of Tenant –

Plaintiffs sought eviction of defendant from the suit premises for bonafide personal need and office use – Defendant contended possession of entire ground floor, claimed misrepresentation of facts – Courts below found plaintiffs’ requirement genuine and bonafide – Defendant’s claim of occupying four blocks without evidence rejected – Eviction upheld [Paras 1-25].

Nuisance and Annoyance – Tenant’s Conduct –

Defendant obstructed plaintiffs’ entry to the suit premises – Defendant falsely claimed entire property as tenancy, though only two blocks were rented – Conduct amounted to nuisance and annoyance – Eviction justified [Paras 26-29].

Default in Rent Payment – Tenant’s Obligation –

Defendant failed to pay rent after April 2009 and did not deposit arrears upon suit summons – Ground for eviction valid under MRC Act – Non-payment established [Paras 30-31].

Decision:

Writ Petition dismissed – Eviction decree upheld – Costs of Rs. 25,000 imposed on Petitioner-Defendant – Respondents entitled to withdraw deposited amounts with interest [Paras 32-33].