Criminal Law – Addition of Charges – Section 302 IPC:

The Supreme Court examined whether the trial court was justified in framing a charge under Section 302 IPC against the appellants, despite initially framing charges under Sections 498A, 304B read with Section 34 IPC. The addition was based on a directive from the Supreme Court in Rajbir @ Raju and Another v. State of Haryana, which called for adding Section 302 IPC to cases involving Section 304B IPC​​.

Scope of Section 216 CrPC – Alteration of Charges:

Section 216 CrPC allows the court to alter or add any charge at any stage before the judgment is pronounced. The court emphasized that this power must be exercised judiciously based on the evidence presented, rather than mechanically following directives​​.

Directive in Rajbir’s Case – Interpretation:

The court clarified that the directive in Rajbir’s case did not imply that Section 302 IPC should be added in every case involving Section 304B IPC without examining the evidence. Instead, the directive intended that Section 302 IPC could be added if the evidence supports such a charge​​.

Remand for Fresh Consideration:

The Supreme Court set aside the orders of the trial court and the High Court, which had added the charge under Section 302 IPC mechanically. The matter was remitted back to the trial court to reconsider the addition of the charge under Section 302 IPC based on the evidence and legal principles​​.

Decision:

The appeal was allowed, and the orders of the trial court and the High Court were set aside. The trial court was directed to re-examine the question of framing a charge under Section 302 IPC against the appellants, ensuring an evidence-based and reasoned decision​​.

Service Law – Disability – Compulsory Retirement:

The Supreme Court examined the legality of compulsory retirement of an IAS officer, Anil Kumar Mahajan, on grounds of mental illness, considering the protections under the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (Disabilities Act)​​.

Disability – Non-Discrimination in Employment:

The court underscored that Section 47 of the Disabilities Act prohibits dispensing with or reducing in rank an employee who acquires a disability during service. If an employee is found unsuitable for the post due to the disability, they should be shifted to another post with the same pay scale and benefits, or kept on a supernumerary post until a suitable post is found or the employee attains superannuation​​.

Mental Illness – Definition and Protections:

Mental illness is recognized as a disability under Section 2(i) of the Disabilities Act. The appellant, having served as an IAS officer since 1977, was found to have developed mental illness during his service. The court noted that his compulsory retirement in 2007 violated Section 47 as no effort was made to adjust his service conditions according to the Act​​.

Procedural Lapse – Inquiry and Withdrawal:

The High Court erred by allowing the withdrawal of the appellant's petition without addressing the merits of his mental condition or appointing a Medical Board to assess his mental health. The Supreme Court emphasized that such cases should be handled with sensitivity, potentially involving an amicus curiae if necessary​​.

Decision:

The Supreme Court allowed the appeal, set aside the compulsory retirement order, and directed the respondents to treat the appellant as having continued in service until his normal superannuation date. The appellant was entitled to full salary and benefits from the date of the departmental proceedings initiation until his superannuation, along with all retiral benefits​​.

Environment Law – Public Trust Doctrine – Protection of Natural Resources:

The Supreme Court dealt with the construction of a restaurant on reclaimed land from the Periyar River by the Aluva Municipality and District Tourism Promotion Council, emphasizing the application of the public trust doctrine to protect natural resources​​.

Constitutional Provisions – Article 48A and Article 51A:

The court noted that the State has a duty under Article 48A to protect and improve the environment, and citizens have a fundamental duty under Article 51A(g) to protect and improve the natural environment, including forests, lakes, rivers, and wildlife​​.

State Government's Commitment – Environmental Impact Assessment:

G.O. dated 13.1.1978 mandated that all development projects costing over Rs. 10 lakhs must be reviewed by the Environmental Planning and Coordination Committee for their environmental impact. The court found that the construction of the restaurant, part of a larger project costing Rs. 5572432, did not comply with this requirement, thereby violating the mandate of the G.O. and the constitutional obligation​​.

Judicial Precedents – Application of Public Trust Doctrine:

The court cited previous cases where the public trust doctrine was applied to protect natural resources, reaffirming that the State holds these resources in trust for the public and cannot convert them for private use or commercial exploitation unless it is necessary for the public good and in public interest​​.

Decision:

The appeal was allowed, and the High Court's order was set aside. The writ petition was allowed, and the respondents were directed to demolish the structure raised for the restaurant within three months, ensuring compliance with the principles of environmental protection and the public trust doctrine​​.

Criminal Law – Dying Declaration – Reliability:

The Supreme Court examined the reliability of the dying declaration recorded under Section 161 CrPC, treating it as valid evidence under Section 32(1) of the Evidence Act. The Court affirmed that the statement of the deceased, Zahiruddin, made to the Investigating Officer soon after the incident, was admissible and credible​​.

Presence of Witnesses – Consistency in Testimony:

The Court addressed the alleged inconsistencies in witness testimonies regarding the place of occurrence. The Court upheld the trial court's findings that minor discrepancies in the witnesses' descriptions did not undermine the overall consistency and reliability of their testimonies​​.

Postmortem Report – Identity of the Deceased:

The appellants raised doubts about the postmortem report, questioning the identity of the deceased. The Court dismissed these doubts, noting that the evidence presented, including the postmortem report and testimonies, sufficiently established the identity and cause of death of Zahiruddin​​.

Classification of Offence – Sections 302 and 304 IPC:

The Court considered whether the offence should be classified under Section 302 (murder) or Section 304 (culpable homicide not amounting to murder). Given the nature and extent of injuries, the motive, and the manner of the attack, the Court concluded that the offence fell under Section 302 IPC. The Court found no basis for reducing the gravity of the offence​​.

Decision:

The appeal was dismissed, and the conviction and sentences imposed by the lower courts were upheld. The appellants' contentions regarding the reliability of the dying declaration, the consistency of the prosecution's case, and the classification of the offence were all rejected​​.

Criminal Law – Evidence – Witness Testimonies:

The Supreme Court examined the reliability of witness testimonies, noting that the non-examination of independent witnesses did not undermine the prosecution's case when the testimonies of PWs 1 and 3 were consistent and corroborated by medical evidence. The Court held that minor discrepancies in the testimonies did not affect the overall credibility of the witnesses​​.

FIR Registration – Section 157 CrPC – Timely Dispatch:

The Court addressed the contention regarding the delay in forwarding the FIR to the Magistrate. It held that unless serious prejudice was demonstrated, the delay in dispatch did not vitiate the prosecution's case. The Court noted that the FIR was registered promptly and forwarded the next day, and no prejudice was shown by the appellants​​.

Plea of Alibi – Reliability of Defence Witnesses:

The appellant's plea of alibi was rejected due to insufficient evidence. The defence witness's testimony lacked precision and supporting evidence such as an invitation card or registration proof of the marriage he claimed to attend. The Court upheld the trial court's rejection of the alibi, emphasizing that the eyewitness testimonies placed the appellant at the scene of the crime​​.

Common Intention – Section 34 IPC:

The Court found that the prosecution had established common intention among the accused under Section 34 IPC. The evidence showed that all the accused were armed and participated in the attack, with specific roles attributed to each. The invocation of Section 34 IPC was upheld as the actions of the accused were coordinated and aimed at achieving their common objective​​.

Decision:

The appeal was dismissed, and the conviction and sentences imposed by the lower courts were upheld. The appellants' contentions regarding the reliability of witness testimonies, the registration and dispatch of the FIR, and the plea of alibi were all rejected​​.

Motor Vehicle Insurance – Third-Party Liability – Deceased Charles hit by a Mahindra van driven by a licensed driver – Tribunal awarded compensation to the deceased’s wife – High Court held insurer not liable due to lack of commercial vehicle endorsement on driver’s licence – Supreme Court held insurer liable – Emphasized statutory protection for third-party victims under Motor Vehicles Act [Paras 1-20].

Driver Licensing – Scope of Valid Licence – Examined the requirement for specific endorsements to drive commercial vehicles – Cited relevant case law – Concluded valid licence for light motor vehicle covers commercial vehicles unless fundamental breach occurs [Paras 10-16].

Statutory Interpretation – Protection of Accident Victims – Emphasized legislative intent behind compulsory third-party insurance – Insurer must satisfy judgments despite policy breaches, with recourse against insured for recovery [Paras 8-9, 17-18].

Decision: Appeal allowed – High Court judgment set aside – Insurer liable to pay awarded compensation to claimant – No order as to costs [Paras 19-20].

Criminal Law – Common Object and Unlawful Assembly – Respondents accused of attacking and killing Prahlad – Trial Court convicted them under Sections 302/149 and 148 IPC – High Court converted conviction to Section 323 IPC and reduced sentences – Supreme Court reinstated Trial Court’s conviction – Emphasized proper consideration of common object and collective liability under Section 149 IPC [Paras 1-22].

Evidence – Injuries and Self-Defence – High Court’s findings on injuries to accused and provocation considered incorrect – Supreme Court upheld Trial Court’s assessment of injuries and rejected self-defence claims – Highlighted standards for evaluating minor versus serious injuries in context of self-defence [Paras 15-21].

Judicial Review – Reversal of High Court Decision – Criticized High Court for soft-pedaling investigation and misjudging aggressors – Supreme Court stressed importance of proper evidence evaluation and adherence to legal standards in reversing High Court’s lenient judgment [Paras 14-19].

Decision: Appeals allowed – High Court judgment set aside – Trial Court’s conviction and sentences reinstated – Respondents directed to surrender within four weeks [Para 22].

Criminal Law – Registration of FIR – Appellant alleged rape during police custody – Police did not register FIR based on her complaint – High Court directed appellant to approach Magistrate under CrPC provisions – Supreme Court upheld High Court’s direction, citing proper legal procedures and absence of immediate complaint to authorities [Paras 6-12].

Investigation by CBI – Request for CBI probe into rape allegations – Supreme Court affirmed High Court’s decision against CBI investigation – Referenced limited and exceptional circumstances warranting CBI involvement – Emphasized procedural route through Magistrate for grievance redressal [Para 11].

Evidence – Non-Disclosure of Alleged Offence – Appellant did not disclose rape during multiple opportunities – Supreme Court noted absence of complaint to mother, medical officers, or Magistrate – Highlighted importance of timely reporting in evaluating claims [Paras 8-9, 12].

Decision: Appeal dismissed – High Court judgment directing appellant to approach Magistrate affirmed – No presumption against appellant’s grievance, but procedural adherence emphasized [Para 13].

Criminal Law – Abduction and Rape – Appellant convicted under Sections 366, 376(g), and 120B IPC for abducting and raping a minor girl – Trial court and High Court upheld the conviction – Supreme Court examined issues of voluntariness and consent, considering the minor status of the victim [Paras 1-24].

Juvenile Victim – Determination of Age – Applied Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007 for determining age – Established prosecutrix was under 15 years at the time of the incident – Consent of a minor deemed inconsequential [Paras 20-21].

Evidence – Testimony of Prosecutrix – Corroborated by medical evidence and forensic reports – Presence of semen and blood stains supported allegations – Rejected defense's claim of consensual sex due to victim's minor status and the circumstances of the abduction and rape [Paras 15-17, 23-24].

Judicial Review – Evaluation of Witnesses – Supreme Court upheld lower courts' reliance on prosecutrix's consistent testimony and corroborating evidence – Dismissed appeal on the grounds of substantial material supporting the conviction [Para 24].

Decision: Appeal dismissed – Conviction and sentences upheld – No merit found in the appellant's contentions regarding voluntariness and consent [Para 25].