Criminal Law - Dying Declaration – Admissibility and Reliability – Criminal Appeal challenging High Court's acquittal based on reasons for discrediting the dying declaration – Supreme Court examines the credibility and circumstances under which the dying declaration was recorded – Held that the dying declaration made by Jyoti, recorded by the police officer after receiving the fitness certificate from the attending doctor, was credible and reliable – High Court's reasons for discarding the dying declaration found unjustified – Conviction restored based on the dying declaration as primary evidence. [Paras 1-6]

Sentencing - Rare of the Rarest Doctrine – Determination of Sentence – Appeal regarding the sentence awarded – Supreme Court acknowledges the brutal nature of the crime but considers the time elapsed since the incident and the accused's acquittal – Capital punishment deemed inappropriate at this stage – Accused sentenced to life imprisonment instead of death penalty despite the heinous nature of the crime. [Para 6]

Decision – Conviction and Appeal – High Court's judgment set aside – Trial court's conviction under Section 302 IPC restored – Accused sentenced to life imprisonment instead of death penalty due to the passage of time and the nature of the crime – Criminal appeal allowed, resulting in the reinstatement of the conviction and the modification of the sentence to life imprisonment. [Para 6]

Property and Business Separation – Textile Undertakings – Appeal against High Court's judgment – Respondent's premises at Calcutta was primarily a departmental store business separate from the textile mill in Bombay – Government enacted the Textile Undertakings (Taking Over of Management) Act, 1983, and later the Textile Undertakings (Nationalisation) Act, 1995, due to mismanagement and strikes in the textile industry – Supreme Court held that the premises in Calcutta was not related to the textile undertakings at Bombay and could not be taken over under the said Acts – Affirmed that the premises business was independent, with separate accounts and management. [Paras 1-17]

Legal Interpretation – Nexus with Textile Undertakings – Analysis – Held – Premises at Calcutta, used for a different business, had no nexus with the textile undertakings at Bombay – Ownership and operations of premises and textile mills were distinct and separate – Legislative intent and statutory provisions support separation of assets and liabilities – Government's compensation only covered the textile mills at Bombay, not the Calcutta premises. [Para 11-16]

Decision – Appeal Dismissed; High Court Judgment Affirmed – Supreme Court dismissed the appeal, affirming the High Court's judgment that the Calcutta premises were not part of the textile undertakings subject to takeover under the relevant Acts – No order as to costs. [Para 17]

Motor Vehicles Act - Concurrent Claims – Appeal against High Court's judgment – Respondents, legal heirs of the deceased, initially claimed compensation under Section 166 and subsequently under Section 163A of the Motor Vehicles Act – Tribunal awarded compensation under Section 163A, and respondents sought to continue the Section 166 claim – Supreme Court held that once compensation under Section 163A is awarded, a claimant cannot proceed with a claim under Section 166 – High Court’s decision allowing concurrent claims contrary to the principles laid down in Deepal Girishbhai Soni and Others v. United India Insurance Co. Ltd., which established the finality and exclusivity of claims under Section 163A. [Paras 1-14]

Legal Principle – Finality of Compensation – Analysis – Held – Compensation awarded under Section 163A is final and precludes further claims under Section 166 – Claimants must elect to pursue remedies under either Section 163A or Section 166, but not both – High Court erred in permitting continuation of Section 166 claim after awarding compensation under Section 163A. [Para 13-14]

Decision – Appeal Allowed; High Court Judgment Set Aside – Supreme Court set aside the High Court’s judgment and the Tribunal’s order permitting respondents to proceed with the Section 166 claim – Established that the compensation under Section 163A precludes subsequent claims under Section 166. [Para 15-16]

Property and Business Separation – Textile Undertakings – Appeal against High Court's judgment – Respondent's premises at Calcutta was primarily a departmental store business separate from the textile mill in Bombay – Government enacted the Textile Undertakings (Taking Over of Management) Act, 1983, and later the Textile Undertakings (Nationalisation) Act, 1995, due to mismanagement and strikes in the textile industry – Supreme Court held that the premises in Calcutta was not related to the textile undertakings at Bombay and could not be taken over under the said Acts – Affirmed that the premises business was independent, with separate accounts and management. [Paras 1-17]

Legal Interpretation – Nexus with Textile Undertakings – Analysis – Held – Premises at Calcutta, used for a different business, had no nexus with the textile undertakings at Bombay – Ownership and operations of premises and textile mills were distinct and separate – Legislative intent and statutory provisions support separation of assets and liabilities – Government's compensation only covered the textile mills at Bombay, not the Calcutta premises. [Para 11-16]

Decision – Appeal Dismissed; High Court Judgment Affirmed – Supreme Court dismissed the appeal, affirming the High Court's judgment that the Calcutta premises were not part of the textile undertakings subject to takeover under the relevant Acts – No order as to costs. [Para 17]

Motor Vehicles Act - Concurrent Claims – Appeal against High Court's judgment – Respondents, legal heirs of the deceased, initially claimed compensation under Section 166 and subsequently under Section 163A of the Motor Vehicles Act – Tribunal awarded compensation under Section 163A, and respondents sought to continue the Section 166 claim – Supreme Court held that once compensation under Section 163A is awarded, a claimant cannot proceed with a claim under Section 166 – High Court’s decision allowing concurrent claims contrary to the principles laid down in Deepal Girishbhai Soni and Others v. United India Insurance Co. Ltd., which established the finality and exclusivity of claims under Section 163A. [Paras 1-14]

Legal Principle – Finality of Compensation – Analysis – Held – Compensation awarded under Section 163A is final and precludes further claims under Section 166 – Claimants must elect to pursue remedies under either Section 163A or Section 166, but not both – High Court erred in permitting continuation of Section 166 claim after awarding compensation under Section 163A. [Para 13-14]

Decision – Appeal Allowed; High Court Judgment Set Aside – Supreme Court set aside the High Court’s judgment and the Tribunal’s order permitting respondents to proceed with the Section 166 claim – Established that the compensation under Section 163A precludes subsequent claims under Section 166. [Para 15-16]

Criminal Law - Juvenile Justice – Application of Juvenile Justice (Care and Protection of Children) Act, 2000 – Appeals by two appellants convicted under Section 302 read with Section 34 IPC for murder committed as juveniles – Appellants were minors under 18 years at the time of offense – Supreme Court reviewed applicability of the Juvenile Justice Act, 2000 to ongoing proceedings initiated under the Juvenile Justice Act, 1986 – Held that proceedings should continue under the new Act, providing protections and benefits to the appellants as juveniles – Convictions upheld but sentences set aside as appellants have exceeded the maximum period provided under juvenile sentencing provisions. [Paras 1-20]

Determination of Juvenility – Relevance of age at the time of offense – Analysis – Held – Date of commission of the offense is the relevant date for determining juvenility under the Juvenile Justice Act, 2000 – Appellants, being under 18 at the time of the offense, are entitled to benefits under the Act – Sentences set aside as they exceeded the maximum period permissible under juvenile law, despite appellants now being over 40 years old. [Para 8-18]

Decision – Conviction Upheld; Sentences Set Aside – Supreme Court upholds the conviction of the appellants for the offense of murder – Orders their release considering the time already served exceeds the maximum period under juvenile law – Emphasizes the protective purpose of juvenile justice legislation and ensures fair application of the law to offenders who were minors at the time of the offense – Appeals partly allowed. [Para 19-20]

Criminal Law - Personal Appearance of Accused - General Directions by High Court – Criminal appeal challenging the High Court’s issuance of general directions under Article 227 of the Constitution and Sections 482 and 483 CrPC – Directions were aimed at simplifying and humanizing trial procedures, particularly for offenses under Section 138 of the Negotiable Instruments Act – Supreme Court held that such general directions fettered the discretion of trial courts – Emphasized that the discretion under Sections 205 and 313 CrPC must be exercised on a case-by-case basis, considering the nature of the case and the conduct of the accused – Impugned order set aside. [Paras 1-17]

Inherent Powers of High Court – Scope and Limitations – Analysis – Held – Inherent powers under Section 482 CrPC and supervisory jurisdiction under Article 227 of the Constitution are to be exercised sparingly and only to prevent miscarriage of justice or correct patent illegalities – High Court exceeded its jurisdiction by issuing directions that constrained the trial court’s discretion – Such directions not warranted in law. [Para 10-11]

Decision – Appeal Allowed; General Directions Set Aside – Supreme Court allowed the appeal, setting aside the High Court’s order containing general directions to criminal courts – Directed that the accused’s exemption from personal appearance granted by the High Court shall continue until the trial court disposes of the application under Section 205 CrPC. [Para 17]

Criminal Law - Rape and Kidnapping – Appeal against acquittal – The High Court acquitted the accused of charges under Sections 363, 366, 368, and 376 IPC on grounds of delayed FIR, age ambiguity of the prosecutrix, and lack of injuries – Supreme Court found the High Court's judgment cryptic and perfunctory, lacking proper consideration of crucial evidence – Conviction by trial court based on prosecutrix's reliable testimony reinstated. [Paras 1-29]

Evidence – Reliability of Prosecutrix’s Testimony – Analysis – Held – Testimony of a rape victim should not be viewed with suspicion; her evidence is akin to an injured witness and requires no corroboration unless found unreliable – Prosecutrix's consistent testimony, despite minor contradictions, held credible and sufficient for conviction – Delayed FIR explained satisfactorily by brother of prosecutrix. [Para 19-26]

Consent in Rape Cases – Legal Interpretation – Clause Sixthly of Section 375 IPC not applicable as prosecutrix was above 16 years – Emphasis on voluntary participation without fear or misconception for valid consent under Section 375 IPC – Distinction between "against her will" and "without her consent" highlighted. [Para 13-18]

Decision – Appeal Allowed; High Court Judgment Set Aside – Supreme Court set aside the High Court's acquittal judgment, reinstating the trial court’s conviction and sentencing – Respondent directed to surrender to serve the remaining sentence. [Para 29]

Service Law - Pay Parity – Appeal against High Court's decision – The High Court directed that the respondents (Senior Dietician and Dietician) under Union Territory Administration, Chandigarh, be given pay scales at par with their counterparts in the Government of Punjab – Supreme Court considered the High Level Equivalence Committee's report which found significant differences in duties and responsibilities between the posts in the two administrations – Held that respondents are not entitled to the same pay scales as their counterparts in Punjab – Doctrine of equal pay for equal work applies only when employees are similarly situated with identical duties and responsibilities – High Court's decision set aside, and the Central Administrative Tribunal's order sustained. [Paras 1-8]

Equal Pay for Equal Work – Legal Interpretation – Analysis – Held – Principle of equal pay for equal work requires wholesale identity in duties and responsibilities – Mere similarity in designation or nature of work is insufficient – Evaluation by expert body necessary in cases of disputed parity – High Court erred in equating posts based on respondent's pleadings without expert evaluation. [Para 7]

Decision – Appeal Allowed; High Court Judgment Set Aside – Supreme Court set aside the High Court's order and upheld the Central Administrative Tribunal's decision, denying pay parity – Respondents not entitled to pay scales equivalent to their counterparts in Punjab – No order as to costs. [Para 8]