Criminal Law – Rape of Minor – Conviction under Section 376(2)(f) IPC – Appeal against conviction for raping a 7-year-old girl – Victim's testimony corroborated by medical evidence – Delay in lodging FIR explained due to non-identification of the accused initially – High Court finds testimony of the minor victim credible and consistent with the prosecution’s case – No evidence suggesting false implication – Conviction and 10-year sentence upheld. [Paras 1-26]

Evidence Law – Testimony of Child Witness – Reliability – Victim’s testimony found credible and free from exaggeration – Minor victim’s consistent statements during investigation and trial deemed reliable – High Court emphasizes that child witness testimony should not be rejected unless tutored or unreliable – Court finds no tutoring or unreliability in victim’s statements. [Para 22]

Delay in Lodging FIR – Explanation and Impact – Delay due to victim's inability to initially identify the accused – High Court accepts delay as properly explained – Emphasizes that delay in sexual offence cases can be due to various reasons including family’s hesitation – Delay does not affect credibility of prosecution’s case. [Paras 14, 17]

Decision – Dismissal of Appeal – High Court upholds trial court’s judgment and sentence – Finds no merit in the appeal – Confirms 10-year rigorous imprisonment and fine of Rs. 10,000 under Section 376(2)(f) IPC – Emphasizes statutory minimum punishment for rape of a girl under 12 years. [Para 26]

Criminal Law – Murder vs. Culpable Homicide – Absence of Premeditation – Conviction Modified – The Appellants were convicted under Section 302 read with Section 34 IPC for the murder of Manoj Dixit based on circumstantial evidence, including last seen theory, forensic analysis, and recovery of incriminating evidence – The Appellate Court found that the incident occurred in the heat of passion, following a drunken altercation, without prior intent or premeditation – Applying Exception 4 to Section 300 IPC, the Court held that the act fell within the scope of Section 304 Part II IPC, rather than murder under Section 302 IPC – Conviction modified accordingly [Paras 19-23].

Criminal Law – Last Seen Theory – Corroboration Required – The Trial Court convicted the Appellants relying on the last seen theory, where the deceased was last seen with the accused and a juvenile prior to the murder – The Appellate Court held that while last seen evidence is a strong circumstantial link, it must be corroborated with other material evidence – Here, the presence of forensic evidence linking the accused to the crime strengthened the prosecution's case, justifying a conviction, though under a lesser charge [Paras 11, 15-16].

Evidence Law – Forensic Reports and DNA Evidence – Reliability – The forensic report confirmed that the blood found on the accused’s clothing matched the deceased’s blood – The Appellate Court noted that forensic evidence is a strong factor in circumstantial cases but must be evaluated alongside other evidence – The presence of the deceased’s blood on the accused’s clothing, coupled with their failure to explain its presence, was held as an incriminating circumstance against them [Paras 17-18].

Decision: Appeal Partly Allowed. Criminal Sentencing – Reassessment of Sentence – Reduction to Time Served – The Appellate Court considered various mitigating factors, including the lack of premeditation, the accused’s young age, absence of prior criminal records, and prolonged incarceration – Holding that the Appellants had already served a significant portion of their sentence, the Court reduced their punishment to the period already undergone – No fine imposed [Paras 27-29].
 

Tax Law - Right to Appeal Under Section 39 - State's Right to Appeal – The petitioner challenged the Tribunal's decision dismissing their appeal under Section 39(2) of the Haryana General Sales Tax Act, 1973, as not maintainable and the subsequent review application – Court held that Section 39(2) does not limit the right of appeal to any particular person or party and includes the State – The existence of revisionary powers under Section 40 does not negate the right of appeal under Section 39(2) – Right to appeal under Section 39(7) against orders in revision does not preclude appeals under Section 39(2) – Petition allowed, Tribunal's orders set aside, and appeal restored for merit-based disposal. [Paras 5, 7, 8]

Judicial Principles - Interpretation of Appeal and Revision Provisions – The Tribunal erroneously concluded that the appeal was not maintainable by misinterpreting Sections 39 and 40 – Revisionary powers under Section 40(1) are distinct from the right to appeal under Section 39(2) – The Tribunal failed to recognize the State's right to appeal and misread the legislative scheme of the Act. [Paras 6-7]

Procedural Law - Review and Appeal Mechanisms – The Tribunal's denial of the State's appeal and review application was based on a restrictive interpretation of the Act – Court clarified that the appeal and revision are separate remedies and one does not exclude the other – The legislative intent was to provide a comprehensive appeal mechanism under Section 39. [Paras 6-7]

Decision: Petition allowed – Impugned orders of the Tribunal dated 12.08.2005 and 30.11.2007 set aside – Appeal before the Tribunal restored to file and directed to be disposed of on merits. [Para 8]

Judicial Service Law - Disciplinary Proceedings Against Judicial Officer – Judicial Immunity – Scope of Article 226 – Petitioner, a judicial officer, challenged disciplinary action initiated against him for awarding excessive compensation in motor accident claims cases – Petitioner contended that judicial decisions are immune from disciplinary scrutiny unless malice or extraneous considerations are proven – Held: Judicial decisions per se are not grounds for departmental enquiry, but if allegations suggest judicial misconduct or extraneous considerations, a disciplinary enquiry can be initiated without violating judicial independence [Paras 2-4].

Award of Excessive Compensation – Extraneous Considerations – Validity of Charge-Sheet – The High Court alleged that the petitioner awarded substantially heavy amounts as compensation in certain Motor Accident Claims Tribunal (MACT) cases without citing legal precedent or justification – Petitioner argued that his decisions were partially upheld by higher courts, thus barring disciplinary action – Held: While non-specification of extraneous considerations in the charge-sheet could be a weakness, the extraordinary nature of the compensation amounts (nearly ten times the expected amount) justified the enquiry to examine potential judicial impropriety [Paras 5-6].

Judicial Independence vs. Accountability – Disciplinary Proceedings Not Barred – The Court held that while judicial independence must be protected, it does not preclude judicial officers from accountability – A prima facie case of misconduct justifies disciplinary action unless the charge-sheet is mala fide or devoid of any allegations of misconduct – Held: Disciplinary proceedings should not be interfered with at the pre-enquiry stage unless clear mala fides or illegality is established [Paras 7-8].

Final Decision – Petition Dismissed – Disciplinary Proceedings to Continue – The Court refused to quash the charge-sheet or halt disciplinary proceedings – Interim relief granted earlier was vacated – High Court directed to proceed with the departmental enquiry expeditiously in accordance with law [Para 9].

Contract Law – Recovery of Amount – Suit for Recovery – Contractor claimed recovery of ₹3,85,371/- comprising security deposit, earnest money, and payment for additional work completed under supplemental agreement – Trial Court decreed the suit – Appellants contended substandard work and deductions due to deficiencies – No evidence produced to prove alleged substandard work – Held: Plaintiff entitled to recovery of the amount as the defendants failed to substantiate their defense with credible evidence [Paras 15–19].

Interest on Recovery – Discretion of Court – Trial Court awarded interest at 12% per annum from date of suit till decree and 6% per annum thereafter – Appellate Court noted steep fall in bank lending rates – Reduced interest rate to 6% per annum from date of suit till realization – Held: Discretion under Section 34 CPC rightly exercised to award reasonable interest, modifying excessive rate granted by Trial Court [Paras 20–23].

Defendant’s Obligations – Withholding of Payments – Contractor completed work as per agreement and supplemental agreement – No evidence that amounts due under supplemental agreement were cleared – Withholding of ₹1,85,371/- as security deposit, ₹50,000/- as earnest money, and ₹50,000/- for Package No.3 Road work found unjustified – Held: Defendants failed to prove their claims of deficiencies or justification for withholding payment [Paras 14–17].

Quality Control Report – Unsubstantiated Allegations – Appellants relied on Quality Control Wing report alleging substandard work to justify deductions – Report not supported by cogent evidence or witness testimony – Held: Allegation of substandard work without evidence insufficient to defeat contractor’s claim [Paras 18–19].

Decision: Appeal partly allowed – Judgment and decree modified to reduce the rate of post-suit interest to 6% per annum – Principal sum of Rs. 3,85,371/- payable with interest from the date of filing the suit until realization – No costs awarded [Paras 24-25].
 

Criminal Law – Murder – Conviction Based on Eyewitness Testimonies – Reliability Questioned – Conviction challenged on the grounds of delay in lodging FIR and inconsistencies in prosecution evidence – Held: Delay of eight hours in filing the complaint and further delay in dispatching FIR to the Magistrate cast significant doubt on the prosecution's case – Contradictions between the testimonies of eyewitnesses (P.Ws. 4 and 9) regarding the number of accused involved, coupled with no injuries on P.Ws. 4 and 9, weakened the prosecution's claims – Conviction unsustainable [Paras 19, 26–29].

Delay in FIR – Implications on Prosecution Case – FIR filed eight hours after the incident despite the proximity of the police station – Held: Unexplained delay undermined the credibility of the complaint and indicated possible afterthoughts – Delay also observed in FIR reaching the Magistrate [Paras 10, 28].

Inconsistencies in Witness Testimonies – Impact on Conviction – P.W.4 identified six accused, while P.W.9 claimed 50 individuals attacked the deceased – Divergence in testimonies undermined the prosecution's version – Benefit of doubt granted [Paras 19, 29].

Decision: Conviction in S.C. No. 1 of 2012 dated 31.12.2016 set aside – Appellants acquitted of all charges – Bail bonds discharged [Paras 30–31].
 

Temporary Injunction – Rejection – Lack of Prima Facie Case, Balance of Convenience, Irreparable Loss – The appellant challenged the trial court's order dismissing her application for a temporary injunction. The appellant claimed a strong prima facie case, balance of convenience, and irreparable loss in her favor, arguing that the land was purchased from the income of joint business, and the mutation was fraudulently obtained by the respondent. The trial court had dismissed the application citing lack of possession by the appellant and the significant delay in challenging the mutation. The High Court upheld the trial court's decision, emphasizing that without possession and a timely challenge to the mutation, no prima facie case was established. [Paras 1-26]

Analysis – Civil Court Jurisdiction – ‘Hiba’ under Muslim Law – The appellant's arguments regarding the wrongful mutation based on ‘hiba’ (gift) were rejected, as affidavits supporting ‘hiba’ were not rebutted by the appellant. The court held that civil courts could not adjudicate on matters pertaining to revenue records without a declared khatedari right. The trial court’s reliance on the judgment in Pyarelal v. Shubhendra Pilania was deemed appropriate, establishing that civil suits without a declaration of khatedari rights are not maintainable. [Paras 5-18]

Decision – Appeal Dismissed – The High Court dismissed the appeal, holding that the trial court had not erred in rejecting the temporary injunction application. The appellant's failure to prove possession and the significant delay in challenging the mutation were decisive factors. The appellant was advised to seek appropriate relief in the revenue court. [Paras 26-27]
 

Personal Injury Compensation - Motor Vehicle Accident - Assessment of compensation for injuries sustained in a road accident - Claimant suffered multiple fractures to the left ankle, underwent surgeries, and incurred medical expenses - Claimant's income assessed based on income tax return prior to the accident - Assessment of permanent physical disability and future loss of earnings - Award for pain and suffering, transportation charges, attendant charges, and loss of amenities of life - Interest awarded from the date after 30 days of injury - Appeals by claimant and insurance company dismissed, as compensation awarded by the Tribunal upheld. [Para 1-23]

Criminal Law – POCSO Act – Applicability – The appellant argued that incidents of sexual harassment and assault occurred either before the enforcement of the POCSO Act or after the prosecutrix attained majority – Held, incidents in 2011 occurred before the POCSO Act, but continued harassment in 2012 and 2013 fell within its purview – Appeal dismissed [Paras 1-52].

Sexual Harassment – Repeated Incidents – Detailed Testimony – The prosecutrix's detailed testimony about repeated incidents of harassment was considered credible despite the appellant’s claims of improvements in her statements – Court found her deposition consistent with the evidence [Paras 24-34].

Delay in FIR – Context of Reluctance – Delay of over a month in filing the FIR explained by the prosecutrix's hesitation and the sensitive nature of the allegations against her mother and close relative – Court accepted her explanation as reasonable under the circumstances [Paras 43-44].

Applicability of Section 42 of POCSO Act – Overlapping Offences – Section 42 of POCSO Act mandates greater punishment between IPC and POCSO for overlapping offences – Trial court erred in convicting under both Section 354A IPC and Section 8 POCSO Act – Conviction under Section 354A IPC set aside [Paras 49-51].

Decision: Appeals and revision petition dismissed – Conviction and sentences upheld except for the setting aside of the conviction under Section 354A IPC due to overlap with POCSO Act [Para 52].