Criminal Law – Conviction Reversed: Appeal challenges the conviction and sentence imposed by the Sessions Court based on conflicting dying declarations of the deceased. High Court observed material contradictions between the two declarations, leading to acquittal due to lack of reliable and consistent evidence [Paras 14-25].

Dying Declarations – Inconsistencies: Two dying declarations recorded; the first before the police (Ex.P/6) and the second before the Magistrate (Ex.D/10). Significant discrepancies between these declarations regarding identities of the assailants and incident circumstances undermined the reliability of the prosecution’s case [Paras 15-18].

Witness Testimony – Reliability: Sole eyewitness, Naseeb Kaur (PW.3), provided statements containing contradictions deemed unreliable. Court stressed need for independent corroborative evidence to support conviction, which was absent [Paras 19-20].

Judicial Precedents on Dying Declarations: Court cited several precedents emphasizing need for consistency in multiple dying declarations and preference for declarations recorded by a Magistrate over those by police officers, especially when material contradictions are present [Paras 18.1-18.3].

Decision: Appeal allowed, conviction and sentence passed by Sessions Judge quashed. Appellant acquitted of charges under Sections 302/34 and 447 IPC. Bail bonds discharged [Paras 24-25].
 

Banking Law – Classification of NPA – SBI classified Atibir Industries’ account as NPA on October 16, 2020, based on defaults in cash credit and term loan facilities. Borrower challenged this classification and subsequent sale to ARC, citing RBI guidelines and moratoriums during COVID-19. Court upheld SBI’s classification, stating cash credit account was irregular, and all credit facilities became NPA [Paras 55-67].

Transfer of Loan Exposures – Compliance with RBI Directions – SBI’s sale of financial assets to ARC on February 10, 2023, under Section 5 of SARFAESI Act was challenged by the borrower. Court confirmed compliance with RBI’s Master Direction and upheld the transfer, noting borrower’s accounts were classified as SMA or NPA as required [Paras 74-77].

Procedural Obligations under Section 13 of SARFAESI Act – Borrower’s failure to respond to notice under Section 13(2) raised a rebuttable presumption of acceptance of default. Court emphasized the borrower’s burden to prove incorrect classification, which was not discharged [Paras 91-92].

Decision: Appeals allowed – Borrower’s writ petition dismissed – Classification as NPA and subsequent sale of financial assets by SBI to ARC upheld – Court found no violation of RBI guidelines or statutory provisions.
 

Land Assignment and Patta Validity – Irregularities and Fraudulent Transactions – Petitioners challenged the cancellation of their thandaper accounts by the Tahsildar, contending they purchased the land from legitimate pattadars after due diligence – High Court upheld the cancellation, citing procedural irregularities and fraudulent actions in the issuance of the original patta – Petitioners directed to seek redressal against the vendors if aggrieved [Paras 1-10].

Administrative Law – Procedural Validity and Natural Justice – Tahsildar’s decision to cancel thandaper accounts challenged for alleged extraneous considerations – High Court found no procedural faults or violations of natural justice principles – Independent findings of Tahsildar after examining relevant records justified [Paras 9-12].

Further Investigation Directed – Special Investigation Team – Given the manipulations involved, the court directed a detailed enquiry by the Special Investigation Team constituted as per previous court directions – Appropriate action to be taken against officials and others involved in fraudulent transactions [Paras 10-14].

Decision: Writ petitions dismissed – Thandaper cancellations upheld – Further probe and action ordered by the Special Investigation Team.
 

Criminal Law – Murder – Convictions upheld for appellants under Sections 143, 147, 148, 120B, and 302 r/w Section 149 of the IPC – Involvement in conspiracy and unlawful assembly proven – Evidence from eyewitnesses deemed credible despite minor inconsistencies – Injuries sustained by deceased correlated with witness testimony and forensic reports – Appeals dismissed, confirming convictions and sentences – Court highlighted importance of corroborative evidence and upheld procedural propriety of trial court [Paras 1-57].

Evidence – Witness Credibility – Eyewitness testimonies deemed reliable despite minor discrepancies – Court noted that minor variations in accounts do not undermine overall credibility – Presence of street lights confirmed witness capability to observe incident – Discrepancies in minor details found not to impact core facts of the case [Paras 33-38].

Injuries and Forensic Evidence – Autopsy confirmed multiple fatal injuries – Correlation between weapon marks and injuries established – Presence of human blood on weapons and clothes confirmed involvement of appellants – Procedural lapses in forensic analysis noted but deemed non-fatal to prosecution’s case [Paras 19-20].

Conspiracy and Unlawful Assembly – Conspiracy inferred from the sequence of events and coordinated actions of appellants – Formation of unlawful assembly with common intent to murder established – Non-examination of peripheral witnesses not fatal to prosecution’s case – Court emphasized the contextual understanding of common object under Section 149 IPC [Paras 39-46].

Decision – Appeals Dismissed – Convictions and sentences of appellants affirmed – Procedural and evidentiary aspects upheld by High Court [Para 49].
 

Human Trafficking and Rape – Conviction of Accused –
The appellants, Jafar Ali and Shameer @ Saji, were convicted for human trafficking and rape of a minor. The victim, a 15-year-old girl from Bangladesh, was transported under false promises and sold for sexual exploitation. The High Court upheld the trial court’s judgment, emphasizing the reliability of the victim’s testimony and the corroborative evidence provided by other witnesses and documents. The appellants were sentenced to rigorous imprisonment and fined, with directions for compensation to the victim.

Witness Testimony – Reliability and Corroboration –
The victim’s testimony was found to be consistent and reliable. Despite minor omissions, her evidence was corroborated by other prosecution witnesses and documentary evidence. The court noted that the victim’s initial statements were given under duress and mental stress, which justified the minor discrepancies. The reliability of the testimony was further supported by the consistent identification of the accused and the circumstances surrounding the crime.

Evidentiary Issues – Discovery and Procedural Aspects –
The court addressed procedural issues, including the proper recording of the victim’s statement and the admissibility of evidence. The court criticized the investigation for failing to collect certain evidence, such as CCTV footage, but held that the prosecution’s case was still strong enough to support the conviction. The testimony of the investigating officer and the consistency of the victim’s statements played a crucial role in the court’s decision.

Decision – Appeals Dismissed –
The High Court dismissed the appeals, affirming the convictions and sentences of the appellants. The court granted liberty to the appellants to seek remission of their sentences from the state government, considering mitigating factors and the time already served. The decision underscored the importance of addressing crimes against women and children with the utmost seriousness and sensitivity.
 

Contempt of Court – Non-implementation of Court Orders – Appellant, a Revenue Officer, was held in contempt for not complying with the order directing reinstatement of the respondent into service – The learned Single Judge sentenced the appellant to six months’ simple imprisonment and imposed a fine of Rs. 2,000 – Appellant’s subsequent compliance with the court order noted – Contempt proceedings against the appellant dropped – Importance of timely compliance and accurate representation in court highlighted [Paras 1-11].

Contempt Proceedings – Compliance and Representation – Court observed that timely and proper compliance with court orders is critical – Appellant’s initial failure to mention compliance in counter affidavit led to adverse judgment – Emphasizes that accurate and prompt reporting of compliance is necessary to avoid contempt charges [Paras 6-11].

Decision – Appeal Allowed – Held – Contempt order against the appellant set aside – No costs – Court underscores the need for meticulous attention by legal counsel in representing compliance to avoid unnecessary contempt proceedings [Paras 10-11].

Criminal Law – Culpable Homicide – Appellant convicted under Section 304(1) IPC for causing the death of Krishna Pada Rajak by stabbing with a spear – Trial court’s judgment upheld by High Court – Evidence included eyewitness testimonies and a dying declaration – Defence’s argument on discrepancies in witness testimonies and the admissibility of the dying declaration rejected – Conviction and sentence of 7 years rigorous imprisonment with a fine of Rs.2000/- affirmed [Paras 1-38].

Dying Declaration – Admissibility – Recorded by treating doctor without formal certification of fitness – Court held that the doctor, being a non-interested witness and the best judge of the patient’s condition, duly recorded the declaration when the victim was in a state to make such a statement – No suspicion found in the declaration’s credibility [Paras 19-30].

Eyewitness Testimony – Reliability – Contradictory evidence from one witness (PW2) did not undermine the consistent and corroborative testimonies of PW1 and PW3 – Both witnesses provided coherent accounts supporting the prosecution’s case – Defence’s argument regarding non-hostility of PW2 dismissed [Paras 15-23].

Medical Evidence – Corroboration – Autopsy and treatment reports matched the account of the assault – Injuries described by doctors supported the testimonies of the eyewitnesses and the dying declaration – Cause of death determined as shock and haemorrhage due to penetrating injuries [Paras 17-20].

Decision: Appeal Dismissed – Conviction and sentence under Section 304(1) IPC upheld – Appellant to serve the remainder of the sentence – Court directed the appellant to surrender within a fortnight if at large, else appropriate steps to be taken by the trial court to secure custody [Paras 33-37].

Criminal Law – Negotiable Instruments Act – Deposit of Compensation – The petitioner challenged the order directing him to deposit 20% of the compensation amount as a condition for the suspension of his sentence under Section 138 of the NI Act. The High Court dismissed the petition, emphasizing that the order is consistent with the statutory obligation under Section 148 of the NI Act. The Court reiterated that unless an exceptional case is made out with specific reasons, the requirement to deposit compensation is mandatory, and the appellate court is justified in imposing this condition without needing to provide additional reasoning​.

Appellate Procedure – Section 148 of the NI Act – The Court highlighted that Section 148 imposes a mandatory requirement on the appellate court to direct the deposit of at least 20% of the compensation amount when considering an appeal against a conviction under Section 138 of the NI Act. The onus is on the appellant to demonstrate exceptional circumstances to avoid this deposit​.

Decision: Petition dismissed – The court upheld the lower appellate court's order directing the deposit of 20% of the compensation amount within 60 days as a precondition for suspension of sentence during appeal.

Building Permits – Unauthorized Construction – Petitioners constructed a building on a parking area originally designated under a valid permit – Panchayat cancelled the permit upon discovering the misuse – Tribunal for Local Self Government Institutions ordered partial occupancy, which was contested – High Court held the construction illegal and upheld the Panchayat’s cancellation – Petitioners directed to either demolish the unauthorized construction or provide an equivalent parking area [Paras 1-11].

Jurisdiction and Powers – Local Self Government – Tribunal’s Order – Tribunal directed partial occupancy and numbering of building despite unauthorized construction – High Court found Tribunal’s order erroneous as it conflicted with established legal provisions – Emphasized necessity of compliance with original permit conditions and due process in construction approvals [Paras 4-9].

Property Rights and Dispute Resolution – Pending Civil Suit – Noted that a civil suit for partition was ongoing between the parties – Highlighted the importance of resolving proprietary rights through civil court – Interim relief granted to petitioners to avoid building disuse, allowing conditional numbering and occupancy subject to final civil court decision [Paras 5-10].

Decision: Writ Petitions Partly Allowed – High Court set aside Tribunal’s partial occupancy order – Upheld Panchayat’s permit cancellation – Directed Panchayat to number remaining rooms temporarily – Petitioners to bear expenses – Final occupancy subject to civil court decision in ongoing partition suit.