Criminal Procedure – Discharge Application – Rejection – Accused, Gurendra @ Golu, sought discharge on the grounds of alibi, claiming presence at the High Court Photo Identification Centre, Allahabad, on the day of the incident – Trial court rejected the discharge application, which was challenged through revision – Held: Trial court’s decision was justified as the accused failed to provide the photograph to the investigating officer during the investigation, and the allegations of manipulation in the photo verification process require independent inquiry [Paras 3, 12].

Criminal Law – Plea of Alibi – Accused contended he was at the High Court Photo Identification Centre, Allahabad, 700 kilometers away from the crime scene at the time of the incident – Complainant alleged that the photo was manipulated, citing involvement of persons at the Identification Centre who could alter dates for a fee – Held: Given the seriousness of the allegations, the Court directed an independent inquiry by the Central Bureau of Investigation (CBI) to determine the authenticity of the documents and the validity of the alibi claim [Paras 4, 12, 13].

Judicial Inquiry – Manipulation of Evidence – Allegations of backdated photo verification at the High Court Photo Identification Centre – Complainant claimed involvement of a gang that manipulated verification dates for money – Held: CBI directed to conduct an independent inquiry into the allegations of manipulation and report back to the Court before the next hearing [Paras 5, 12, 13].

Decision: Inquiry ordered – CBI to conduct an investigation into the accused’s plea of alibi and the complainant’s allegations of manipulated photo verification – The case is listed for further hearing on 04/11/2024 – Interim order dated 15/04/2024 is not extended [Paras 13-19].

Professional Misconduct – Chartered Accountants – Referral to Disciplinary Committee – The petitioner, a Chartered Accountant, challenged the Board of Discipline’s decision to refer a matter for further inquiry regarding alleged misconduct related to auditing companies without proper compliance with RBI regulations – The High Court held that the Board was within its powers under Section 21A of the Chartered Accountants Act to disagree with the prima facie opinion of the Director (Discipline) and refer the matter for a detailed inquiry – The petition was dismissed as the Board’s decision was found to be in accordance with law [Paras 3, 10-12, 18].

Power of the Board of Discipline – Rule 9(3)(b) of the Chartered Accountants Rules – The petitioner argued that the Board did not have the authority to refer the case without further investigation by the Director (Discipline) – The court rejected this argument, citing Rule 9(3)(b) and Section 21A, which empower the Board to refer a case for inquiry even without further investigation if it disagrees with the Director’s findings – The referral for disciplinary action was valid [Paras 15-17].

Scope of Judicial Review in Disciplinary Proceedings – The court reiterated the limited scope of judicial review in disciplinary matters, emphasizing that courts do not act as appellate authorities over the findings of the Board of Discipline – The review is confined to checking for compliance with natural justice, statutory rules, and the reasonableness of the decision – The Board’s decision did not suffer from any illegality or procedural irregularity, and thus, the petition was dismissed [Paras 19-21].

Decision: The writ petition was dismissed – The High Court upheld the decision of the Board of Discipline to refer the petitioner’s case to the Disciplinary Committee for further inquiry under the provisions of the Chartered Accountants Act, 1949, and the Rules, 2007 [Paras 22-24].

Service Law - Employment Eligibility – Criminal Charges and Moral Turpitude – Circular dated 04.12.2019 – The petitioner, who was selected for a post in the Rajasthan State Services based on his merit, was denied appointment due to pending criminal charges related to matrimonial disputes – Held: The respondents erred in mechanically applying the circular without considering whether the criminal case involves moral turpitude or would affect the petitioner’s character in performing his duties – The Court emphasized that each case must be individually examined to assess the nature of the charges, and a decision should be made only after a reasoned order is passed, in line with the guidelines – The petitioner’s case was remanded to the respondent authorities for reconsideration within four weeks, with directions to issue the appointment if no moral turpitude is found in the charges – The writ petition was allowed, and the respondents were directed to reconsider the case and issue a speaking order [Paras 8-15].

Rape – Conviction and Sentence – Section 376 IPC – Appellant convicted and sentenced to 7 years R.I. – Conviction Upheld – Sentence Reduced – The prosecutrix’s testimony was consistent and supported by other witnesses – Minor discrepancies in the statements did not discredit the prosecution’s case – The absence of injuries on the prosecutrix did not negate the occurrence of rape – Considering the age of the appellant, passage of time (27 years since the incident), and lack of criminal antecedents, the sentence was reduced from 7 years to 4 years R.I. [Paras 10-28].

Evidence of Prosecutrix – No Corroboration Required – Held: The testimony of the prosecutrix in rape cases is sufficient to sustain a conviction, even in the absence of corroboration, if it inspires confidence – The prosecutrix had no motive to falsely implicate the appellant – The minor contradictions in her statement did not affect the reliability of her testimony [Paras 19-23].

Enmity – Double-Edged Sword – The appellant’s plea of false implication due to enmity was rejected – The Court observed that enmity provides both motive for the crime and the possibility of false implication, but the evidence supported the prosecution’s case [Paras 14-15].

Sentencing – Reduction of Sentence – Adequate and Special Reasons – The Court exercised its discretion under the proviso to Section 376(1) of IPC to reduce the sentence, considering the long passage of time, age of the appellant, and lack of prior criminal record – Sentence reduced from 7 years to 4 years R.I. with an enhanced fine of Rs.50,000/- [Paras 26-28].

Decision: The conviction of the appellant under Section 376 IPC was upheld. However, the sentence was reduced from 7 years to 4 years R.I., with an enhanced fine of Rs.50,000/-. In case of default in payment of the fine, the appellant would undergo an additional 3 months of Simple Imprisonment.

Condonation of Delay – Criminal Appeal – Section 21 of NIA Act – Appellant sought condonation of a delay of 186 days in filing the appeal against the rejection of bail – The delay was attributed to the appellant's financial inability to engage counsel in time – Held: Relying on judicial precedents, the right to appeal is fundamental to personal liberty under Article 21 of the Constitution, and the delay was not deliberate – Delay condoned [Paras 1, 2].

Criminal Law – Bail under UAPA – Section 439 Cr.P.C. – Appellant was charged under the UAPA and other related laws for allegedly aiding the transport of arms and ammunition – The charges were based solely on the statement of a co-accused, with no recovery or independent evidence linking the appellant to the crime – Held: The stringent provisions of the UAPA require prima facie evidence of the appellant's involvement, which was absent in this case – Bail granted due to lack of material evidence and the appellant’s prolonged incarceration for over 1 year and 11 months [Paras 7, 9].

Judicial Review – No Recovery or Independent Evidence – The State opposed bail, citing the co-accused’s statement – However, there was no recovery from the appellant, and no call records or other evidence supported his involvement – Held: In the absence of corroborating evidence, the appellant cannot be denied bail under UAPA, and his continued detention was unjustified [Paras 5-7].

Decision: Appeal allowed – The impugned order dated 20.06.2023 passed by the Additional Sessions Judge, Moga, is set aside – Appellant granted regular bail upon furnishing bonds to the satisfaction of the trial court – Observations are confined to the bail proceedings and will not affect the merits of the case [Paras 9-10].

Guardianship and Custody – Jurisdiction Based on Minor's Ordinary Residence – Application Returned - The appellant sought custody of her minor daughters, invoking Muslim Personal Law, where the mother has deemed custody of a minor girl until she attains puberty. The Family Court dismissed the petition for lack of jurisdiction, holding that the minors were residing with their father in Poonch, and not with the mother in Jammu. The High Court upheld this ruling, reiterating that under Section 9 of the Guardian and Wards Act, the jurisdiction lies with the court where the minors ordinarily reside, regardless of the mother's custody under personal law. [Paras 1-10].

Residence of Minor vs. Natural Guardian – Determination of Jurisdiction - The court emphasized that the minor’s ordinary residence is distinct from the residence of the natural guardian, and temporary residence elsewhere does not affect the jurisdiction. The appellant's argument that the minors should be deemed to reside with her under Muslim law was rejected as it did not align with the statutory framework of the Guardian and Wards Act. [Paras 7-9].

Decision: The appeal was dismissed, and the Family Court’s decision to return the application for presentation before the proper court was upheld. [Para 10].

Cheque Dishonour – Section 138 of the NI Act – Quashing of Proceedings – Petition Dismissed – Petitioner sought quashing of criminal proceedings for cheque dishonour under Section 138 of the NI Act, contending that the cheque was issued as part of a housing loan agreement, and unauthorized amounts were withdrawn from his account by the respondent. The petitioner argued that the cheque was dishonoured due to a breach of trust and collusion by the bank manager. Held: The petitioner's arguments based on statements recorded under Section 161 CrPC had no merit, as such statements hold limited evidentiary value. The jurisdiction under Section 482 CrPC cannot be invoked to quash proceedings under a special statute like the NI Act without compelling evidence of misuse of process [Paras 9, 10, 11].

Statements under Section 161 CrPC – Limited Evidentiary Value – No Ground for Quashing – The petitioner relied on statements recorded under Section 161 CrPC during police inquiry to claim that no offence under Section 138 NI Act was made out. Held: Statements under Section 161 CrPC are not substantive evidence and cannot be the sole basis for quashing proceedings under Section 138 of the NI Act. The Court reiterated that these statements can be used only for contradiction purposes during trial [Paras 7, 9].

Special Code – NI Act Provisions Override CrPC – The High Court affirmed that the Negotiable Instruments Act, being a special statute, overrides provisions of the CrPC. The special code for cheque dishonour cases under Sections 142 to 147 of the NI Act aims to expedite trials and prevent delay, thereby limiting the scope of Section 482 CrPC in such matters [Paras 8, 10].

Decision: The petition under Section 482 CrPC was dismissed, and the proceedings under Section 138 of the NI Act were upheld. The Court found no grounds for interference, as the petitioner failed to present any compelling evidence of abuse of process. The trial was directed to continue in the JMFC, Aron District Guna, without further delay [Paras 10-11].

Criminal Law – Murder – Conviction Upheld - Dying Declaration – Admissibility and Evidentiary Value – The conviction was primarily based on the dying declaration of the deceased, Munish Kumar, implicating the appellant for stabbing him. The appellant questioned the reliability of the dying declaration on the grounds that the doctor who declared the deceased fit to make a statement was not examined – Held: The Investigating Officer's testimony and the circumstances surrounding the declaration confirmed its validity. The dying declaration was corroborated by other evidence and was held to be credible and admissible [Paras 15-19].

Recovery of Weapon – Corroboration of Guilt – The appellant's conviction was further supported by the recovery of the weapon (knife) used in the crime, which was recovered pursuant to the appellant’s disclosure statement – Held: The recovery was made in accordance with the law, and no evidence suggested that the recovery was planted or fabricated. The recovery of the weapon corroborated the dying declaration and medical evidence [Paras 20-24].

Medical Evidence – Consistency with Injuries – The post-mortem report and the medical examination of the deceased revealed injuries consistent with the use of a knife. The Court noted that the injuries matched those described in the dying declaration and confirmed by the recovered weapon – Held: The medical evidence strongly supported the prosecution's case and linked the appellant to the crime [Paras 40-43].

Appeal Dismissed – The appellant's contentions regarding false implication and misappreciation of evidence were rejected. The Court found no merit in the appeal and upheld the conviction and sentence imposed by the trial court – Held: The life sentence awarded under Section 302 IPC was affirmed, and the appeal was dismissed [Paras 47].

Decision: The appeal is dismissed. The conviction and life sentence awarded to the appellant by the trial court are upheld.

Section 138 N.I. Act - Forensic Examination – Application for Further Examination Denied - The petitioner, accused under Section 138 of the NI Act, sought to send the disputed cheques for a second forensic examination by the Central Forensic Science Laboratory after receiving an unfavorable report from the State Forensic Science Laboratory. The Court upheld the Magistrate's decision, rejecting the request as an attempt to delay the trial. It was held that repeated requests for expert examination without justification could not be entertained [Paras 9-12].

Summoning Private Expert – Application Dismissed – Evidence Not Substantive - The petitioner also sought to summon a private handwriting expert to testify regarding the signature on the cheques. The Court ruled that the opinion of a private expert, especially when obtained without court intervention, is not substantive evidence and thus the Magistrate was justified in declining to issue summons to the private expert [Paras 13-14].

Request for Document Production – Dismissed Due to Irrelevance - The petitioner requested the production of certain documents related to chit transactions. The Court held that the documents were irrelevant to the defense of discharge since the petitioner had already admitted to receiving the chit amount. The Magistrate's decision to deny the production request was upheld [Paras 15-16].

Final Decision – Petition Dismissed – Delay Tactics Not Permitted - The High Court dismissed the petitions, noting that the petitioner’s actions were aimed at delaying the trial. The trial court was directed to expedite the disposal of the case without further delays [Paras 17-19].