Criminal Appeal – Challenge to Conviction – Life imprisonment imposed by High Court after acquittal by Trial Court – Charges under Sections 302, 376, 511, 454, 380 read with Section 34 of IPC – Allegation of murder, rape, and theft – Contradictions in witness testimony and lapses in prosecution's case – High Court's reliance on evidence of PW1 and prior enmity – Conviction for murder and attempt to rape upheld, while acquittal for rape sustained . [Para 1-15]

Evidence – Reputation as a Fact – Distinction between character and reputation – Reputation as an internal fact – Evidentiary value of reputation – Reliance on Lahu Kamlakar Patil And Another v. State of Maharashtra – Unnatural conduct affecting the credibility of a witness – Importance of assessing the conduct of a witness under Section 8 of the Evidence Act. [Para 16-20]

Circumstantial Evidence – Principles governing circumstantial evidence – The five golden principles of circumstantial evidence as laid down in Sharad Birdhichand Sarda v. State of Maharashtra – Importance of establishing a chain of evidence – Presumption of innocence in favor of the accused when an order of acquittal is given – Role of the appellate court in dealing with appeals against acquittals – The double presumption in favor of the accused. [Para 22-23]

Non-examination of Material Witnesses - Failure to examine material witnesses by the prosecution - Court's discretion to take note of such failure - Adverse inference can be drawn when essential witnesses are deliberately withheld and could have provided a different perspective on the case. [Para 24]

Effect of Absconding - Absconding as a relevant fact - Mere absconding cannot solely establish guilt - It may be due to fear of false implication or arrest - Absconding should be proven as a fact. [Para 25]

Decision - Inconsistencies in prosecution witness testimony - Lack of evidence of immediate action by a witness - Doubt regarding the origin of the first information report - Trial court's scrutiny of circumstantial evidence - Prosecution's failure to prove charges beyond reasonable doubt - Acquittal and release of the appellant. [Para 26-31]

Criminal Appeal – Conviction under Sections 302 and 201, IPC – Life Imprisonment

The appellant was convicted by the Sessions Court and the High Court for offences under Sections 302 and 201 read with Section 34 of the IPC. He was sentenced to life imprisonment for Section 302 and rigorous imprisonment for three years for Section 201. [Para 1]

Circumstantial Evidence – Last Seen Together and Recovery of Deceased's Body

The prosecution's case was primarily based on circumstantial evidence, notably two main circumstances: (a) the deceased and the appellant were last seen together, and (b) recovery of the deceased's body at the instance of the appellant. [Para 5]

Witness Testimony – PW-6 and PW-9 – Contradictions and Gaps

PW-6 provided evidence on the last sighting of the appellant and the deceased together. However, his testimony contained inconsistencies and gaps, notably in identifying the appellant. PW-9’s evidence raises serious doubts about PW-6’s claims, as he attested that the appellant was present at a work site around the same time as claimed by PW-6. [Para 6-8, Para 10]

Failure to Conduct Test Identification Parade

The failure to conduct a test identification parade to establish the identity of the appellant raises questions on the validity of PW-6’s identification. PW-6 was shown the appellant at the police superintendent's office, casting doubts over his courtroom identification of the appellant. [Para 9-10]

Non-Examination of Key Witnesses

The prosecution failed to examine a crucial witness, Hari Chand Sharma, who could have corroborated PW-6’s statement on the last sighting of the appellant and the deceased. [Para 8]

Acquittal – Insufficient Proof beyond Reasonable Doubt

Given the inconsistent and uncorroborated testimonies, the Supreme Court held that the prosecution failed to prove its case beyond a reasonable doubt. The appellant was thus acquitted, and the earlier judgments were set aside. [Para 11-12]

Transfer of Matrimonial Proceedings – Registry error in listing Transfer Petition – Explanation submitted by Registry staff – Returnable date preponed causing injustice – Practice needs rectification – Order dated 20th July, 2023 recalled – Transfer Petition restored to its original number.

Transfer of Matrimonial Case – MAT Suit No. 1954 of 2021 – Binod Kumar Singh vs. Ranju Singh – Transfer ordered from Barasat North 24 Parganas, West Bengal to Family Court, Bhojpur, District-Ara, Bihar – Records to be sent promptly – Video conference appearance allowed for respondent-husband.

Review Petition – Disposal of Review Petition – Operative portion of the order provided.

Civil Appeal – Coverage under the EPF Act – Clubbing of two educational institutions run by the same Society – Appellant contests the coverage under the EPF Act – Issue of functional integrity between the two establishments considered – Material on record demonstrates financial integration and geographic proximity between the establishments – Appellant's case of independence not supported by evidence – Documents such as accreditation certificates, audit reports, and bank statements establish the connection between the establishments – Appeal dismissed. [Para 7-24]

Regulation 20 of 1979 Regulations – Interpretation of legal fiction – Applicability of the 1979 Regulations to retired employees – The legal fiction in Clause (iii) of Sub-Regulation 20(3) of the 1979 Regulations must be confined to cases where disciplinary proceedings have been initiated prior to an employee's retirement – Initiation of disciplinary proceedings is not merely by the issuance of a show cause notice, but only when a chargesheet is issued, which is the date of application of mind – The 1979 Regulations do not independently provide for the initiation and conduct of disciplinary proceedings – Complete procedure for disciplinary proceedings is provided in the 1976 Regulations – Principles laid down in earlier judgments upheld – Employee in this case had retired before any disciplinary proceedings were initiated against him – The legal fiction in the 1979 Regulations does not apply – Appeal dismissed. [Para 18-26]

Payment of Service Benefits – Deceased employee – Subsistence allowance not paid – Set aside punishment order – All service benefits due to the deceased employee, along with interest at 7% per annum from the date of his retirement, to be paid to his legal heirs within three months from the date of this judgment. [Para 28-29]

Criminal Appeal - Enhancement of sentence for serious sexual offenses against a minor - Appellant challenges leniency in the High Court's sentencing - Consideration of mitigating factors such as the accused's age, caste, and previous incarceration - Gravity of the offense and its impact on the victim emphasized - Sentencing principles applied to balance the rights of the accused with the welfare of the victim and society - Enhanced sentence of fourteen years of rigorous imprisonment imposed for the offenses under Section 376 of IPC [Para 8-13]

Amendment of Judgment - Correction of caste mention in cause title - Caste or religion of an accused should not be mentioned in judgments - Formal amendment ordered [Para 15]

Recommendation for Child Victims - Suggestion for counseling and rehabilitation of child victims of sexual assault - Advocacy for the government's involvement in the rehabilitation of such victims - Copies of the judgment to be sent to relevant government departments [Para 16]

Decision - Partial allowance of the appeal with an enhanced sentence, corrections, and recommendations for child victim welfare [Para 18]

Administrative and Service Law – Eligibility for Public Employment – Disqualification based on educational qualification – Conflict in interpretation of educational certificate – Applicant declared ineligible after participating in the selection process – Duty of the employer to provide a rational and justifiable reason for rejection – Failure to seek clarification from issuing authority – Arbitrarily depriving the applicant of selection – Violation of principles of natural justice. [Para 16-20]

Employment – Offer of Appointment – Direction to offer appointment to disqualified applicant – Creation of supernumerary post if no vacancy exists – Confirmation in service upon satisfactory probation – No entitlement to arrears of salary or seniority – Computation of retiral benefits based on last pay drawn. [Para 21]

Costs – Parties to bear their own costs. [Para 22]

Service Matter - Appointment and Continuance in Service - Dispute regarding the appointment of the appellant and Respondent No.5 - Appellant appointed by the Managing Committee constituted on 15.12.1992, and the appointment cannot be termed illegal or void ab initio - Lack of vacancy on 07.01.1993 for the appointment of Respondent No.5 - Interim order of the High Court in favor of the Managing Committee constituted on 15.12.1992 - No adverse comments on actions taken by the Managing Committee - Appellant's continuous service on the post - No complaints regarding non-joining or non-discharge of duties - Finding of Respondent No.5 working in another school during the relevant period - Upholding the appellant's appointment. [Para 15-20]

Delay and Laches - Doctrine of laches and acquiescence - Lengthy delay in raising the issue by Respondent No.5 - Lack of assertion of claims over the post of PET for over 12 years - Lack of challenge in any forum during the period - Inequity in seeking relief after such a long delay - Application of the doctrine of laches in service matters - No statutory bar against applying laches - Respondent No.5 non-suited on the ground of delay and laches. [Para 20-22]

Acquiescence - Doctrine of acquiescence - Respondent No.5's silent acceptance and inaction for over 12 years - Acceptance of the appellant's continuous service - Conduct indicating waiver of the right - Application of estoppel in pais - Acquiescence as a form of estoppel - Bar on complaining of the violation of the right - Inactive acquiescence inferred until the filing of the appeal - Bar on claiming the violation of the right of fair representation. [Para 22]

Relief Granted - Appellant entitled to continue on the post of PET with service counted from 14.05.1994 - Consequential benefits to be determined - Appeal allowed - No order as to costs - Lump-sum compensation of INR 3 lakhs granted to Respondent No.5 - Monies paid to Respondent No.5 shall not be recovered - Exercise of power under Article 142 of the Constitution of India. [Para 23-25]

Civil Appeal – Divorce – Irretrievable Breakdown of Marriage – Whether the irretrievable breakdown of marriage should result in the dissolution of marriage under Article 142 of the Constitution of India when it is not a ground for divorce under the Hindu Marriage Act, 1955 – Court's discretion to grant divorce under Article 142 discussed and outlined. [Para 15-20]

Cruelty and Desertion as Grounds for Divorce – Principles governing the grounds of cruelty and desertion in divorce cases under Section 13(1) of the Hindu Marriage Act, 1955 – Factors considered for establishing cruelty and desertion explained. [Para 9-14]

Decision – The appellant's appeal for divorce on the grounds of cruelty and desertion rejected as he failed to prove these grounds – The Court declined to grant divorce on the ground of irretrievable breakdown of marriage, considering the advanced age of the parties and the respondent's willingness to continue the marriage – Appeal dismissed. [Para 20]