Juvenile Justice – Relevant Date for Determination of Age – Juvenile Justice Act, 1986 – Date of Offence Held Relevant – Conflict between Umesh Chandra (three-judge bench) and Arnit Das (two-judge bench) resolved – Held: Correct law is that relevant date for reckoning age is date of commission of offence, not date of production before court – Liberal and purposive interpretation required to advance object of beneficial legislation – Arnit Das overruled [Paras 6–19, 76–88].

Juvenile Justice – Applicability of 2000 Act to Pending Cases – Sections 20, 64, 69 of 2000 Act – Retrospective Beneficial Operation Permitted – Though 1986 Act repealed, pending proceedings deemed to continue under 2000 Act – Distinction between male and female juveniles removed; age threshold uniformly raised to 18 years – Section 20 creates legal fiction: even if not juvenile under 1986 Act, if below 18 years as on 1.4.2001, benefit of 2000 Act available – Application does not violate Article 20(1) – Confirmed by Rules 61, 62 of 2007 Model Rules – Limited retrospective application upheld [Paras 20–35, 89–99].

Evidence – Determination of Age – Section 35, Evidence Act – Model Rules under 2000 Act Not Binding – Court must determine age by appreciating evidence under ordinary evidentiary rules – School certificates admissible under Section 35 but not conclusive without corroboration – Burden under Section 106 applies – Central Government’s Model Rules have no legislative force; only State Governments empowered to frame rules [Paras 110–114].

Constitutional & International Law – Articles 14, 21, Human Rights Obligations – Juvenile Justice statutes to be construed consistently with UN Standard Minimum Rules (Beijing Rules) – Emphasis on rehabilitation, privacy, expeditious trial, parental presence, protection from incarceration with adults – Beneficial construction must not be frustrated by narrow interpretation – Ex post facto prohibition under Article 20(1) not attracted when later law mollifies rigour of punishment [Paras 47–70, 100–109].

Decision – Appeal Allowed in Part – (i) Relevant date for reckoning age of juvenile is date of offence, not date of production; (ii) Juvenile Justice Act, 2000 applies to pending proceedings under 1986 Act if accused had not completed 18 years on 1.4.2001; (iii) Model Rules not binding; court to apply Evidence Act principles in age determination – Matter remitted for application accordingly [Paras 36–37, 115–117].

Rape – Statutory Minimum Sentences – “Adequate and Special Reasons” – High Court’s Reduction Set Aside – Conviction under Sections 376(1)/450 IPC affirmed by High Court but custodial sentence reduced to period undergone solely because accused were from rural areas – Held: Sections 376(1) & 376(2) prescribe minimum sentences – Court may go below minimum only for “adequate and special reasons” recorded in the judgment – Rural background and lapse of time are neither adequate nor special – High Court’s order unsustainable and set aside [Paras 6–7, 19–22].

Sentencing – Undue Leniency – Proportionality and Societal Conscience – Courts must impose sentences reflecting gravity of offence and society’s cry for justice – Undeserved sympathy undermines public confidence – For offences against women and other crimes impacting social order, exemplary treatment may be required – Principles reiterated with reference to Sevaka Perumal, Mahesh, Dhananjay Chatterjee, Ravji and Ghanshyam Singh [Paras 9–17].

Rape – Nature of the Offence – Penetration Standard – Legislative Intent – Criminal Law (Amendment) Act, 1983 introduced sweeping changes to curb rape with an iron hand – Even the slightest penetration is sufficient; emission unnecessary – Rape causes enduring mental scar and is an obnoxious act of the highest order [Paras 7–8].

Appellate Power – Article 136 – Interference with Sentence – Where High Court ignores statutory mandates and records no legally sustainable reasons for lowering sentence below minimum, Supreme Court will interfere and restore legality – Respondents directed to surrender to serve remainder of sentence [Para 22].

Decision – Appeal allowed – High Court’s reduction of sentence to period undergone set aside – Respondents to surrender forthwith to serve the remainder of sentence; convictions remain undisturbed [Para 22].

Competition Commission – Selection of Chairperson/Members – Rule 3 of the 2003 Rules – Separation of Powers – Judicial Primacy Sought – Adjudication Deferred - Petitioner (advocate) assailed Rule 3 as unconstitutional, urging CJI-led selection and a judicial Chair; Union described CCI as an expert/regulatory body and placed on record proposed amendments to provide a CJI-headed selection mechanism and an appellate judicial body – Held: In view of proposed amendments having a clear bearing, it is inappropriate to decide the challenge at this stage; all issues left open to be urged after amendments, if any, are enacted [Paras 3–5, 7–8].

Suggested Institutional Design – Regulatory vs. Adjudicatory Functions – Court’s Observations – Without deciding merits, Court suggested it “might be appropriate” to consider creating two separate bodies, one expert/advisory/regulatory and another adjudicatory, followed by an appellate body, to address separation-of-powers concerns – Observation left to policy/Parliamentary wisdom [Para 6].

Writ Relief – No Pronouncement on Validity – Liberty Reserved - Writ petition closed without ruling on validity of the Act/Rules; liberty reserved to re-approach post-amendment with specific pleadings and challenges to particular provisions [Paras 5, 7–8].

Criminal Law - Section 302, 120B, 294, 307, 323, 34, 341, 353, 370, 380, 394, 397, 457, 506B of the IPC - Murder of Trade Union Leader – Circumstantial Evidence Against Industrialists Inadequate – Acquittal Upheld – Deceased, a labour rights leader, was allegedly murdered by conspiracy among local industrialists and hired killers – Trial court convicted A-1 to A-5 and A-9 based on circumstantial evidence and motive – High Court acquitted all – Held: Suspicion and motive not sufficient – No direct or clinching evidence connecting industrialists – Entries in deceased’s diary and travel to Nepal for arms insufficient to prove conspiracy – High Court’s view plausible and not perverse – Acquittal of A-1 to A-8 confirmed [Paras 1–18].

Extra-Judicial Confession – Admissibility – Section 30 of Evidence Act – Confession of A-9 Paltan Mallah naming other accused not corroborated by independent evidence – Such confession admissible only as corroborative – In absence of substantive evidence, cannot convict others based solely on co-accused’s confession – High Court rightly discarded confessions against other accused [Paras 18, 34].

Recovery of Weapon – Admissibility Despite Alleged Illegality – Discovery of Firearm at Instance of A-9 – Valid – A-9 led police to recovery of country-made pistol and cartridges buried near his house – Objection that seizure violated procedural safeguards under CrPC rejected – Held: Illegality in search does not render evidence inadmissible per se – Courts have discretion – No serious prejudice shown – Recovery legally admissible [Paras 25–33].

Ballistic Evidence – Scientific Opinion Corroborates Prosecution Case – Expert evidence linked recovered firearm to pellets found in victim’s body – Despite being a country-made firearm, expert gave conclusive opinion – Defence argument based on lack of grooves and foreign literature rejected – Held: Opinion of expert based on test-fire and microscopic comparison admissible – Conviction of A-9 sustainable on this ground [Paras 35–38].

Confession and Corroboration – Reliable Extra-Judicial Confession to Independent Witness – A-9 made confession to PW-105 (relative) and PW-124 (school headmaster) – Both witnesses found credible – Supported by independent recovery and ballistic expert’s findings – Held: Confession voluntary and reliable – Establishes guilt of A-9 [Paras 34–38].

Decision – Conviction of A-9 Restored – Others Acquitted – Death Sentence Commuted – Supreme Court held that only A-9 Paltan Mallah’s guilt was proved beyond reasonable doubt – Rest of the accused acquitted by High Court rightly – Death sentence of A-9 commuted to life imprisonment considering long delay – Appeals partly allowed, conviction of A-9 under Section 302 IPC restored – Others' acquittal confirmed [Paras 39–40].

Murder—Unlawful Assembly—Sections 302/149 & 148 IPC—Conviction sustained – Group arrived together armed, surrounded the deceased, prevented rescue, and departed together in a jeep kept in starting position—Common object inferred from conduct, weapons, and coordinated action—Section 149 rightly applied [Paras 11-12, 17-18].

Section 149 IPC—Constructive liability—Two limbs explained – Offence in prosecution of common object vs. offence known to be likely—Common object gathered from nature of assembly, arms, behaviour before/during/after incident—“Knew” requires positive knowledge; no overt act by each member necessary [Paras 7-10, 17].

Common Object vs. Common Intention—No prior meeting of minds needed – Sufficient that five or more share the object and act as an assembly to achieve it—Object may form or evolve at the spot eo instante [Paras 8-9].

Delay in FIR Despatch—Not fatal per se – FIR reached Magistrate next day; investigation commenced immediately—No cross-examination of IO on delay; adverse inference unwarranted [Para 13].

Delayed Recording of Statements—Explanation accepted – Witnesses themselves explained circumstances; no specific IO question on delay—Objection rejected [Para 14].

Independent/Related Witnesses—Presence explained; corroboration available – Two non-related eye-witnesses examined; PW-1 (traffic constable) naturally present near scene—Non-examination of more “independent” witnesses not fatal [Para 15].

Witnesses Not Rescuing—No adverse inference – Accused encircled deceased and threatened interveners with dire consequences—Failure to rescue not unnatural in circumstances [Paras 12, 16].

Decision—Appeals dismissed – Convictions under Sections 302 read with 149 IPC and 148 IPC affirmed; sentences maintained—Rationale: common object proved; legal objections meritless [Para 18].

Criminal Appeal by State – Murder of wife followed by burning – Sections 302, 201 & 498A IPC – Acquittal set aside; Trial Court conviction restored – Respondent throttled wife Veena and set her and infant on fire; High Court’s acquittal based on misreading/ignoring vital evidence – Held: Medical and circumstantial evidence complete the chain; motive and cruelty proved – Convictions under Sections 302, 201 & 498A affirmed; alternative 304B not reached [Paras 1-3, 9-11, 14-16, 18].

Medical Jurisprudence – Cause of death – Fracture of hyoid; absence of soot/carbon in trachea/bronchi; post-mortem burns – Throttling established – Doctor’s opinion supported by objective signs; no need to prove use of rope where throttling by manual pressure plausible – High Court erred by overemphasising non-recovery of rope and ignoring decisive findings – Burns were post-mortem [Paras 6-7, 14-15].

Motive & Cruelty – Inconsistent quantum of monetary demands immaterial – Persistent demands and ill-treatment consistently deposed to by family/friends – Non-examination of neighbours at matrimonial home not fatal – Letter without complaint not conclusive against cruelty – Motive and cruelty proved [Paras 10-13].

Circumstantial Evidence – Chain complete – Respondent reported case as accidental burn; kerosene can seized; medical findings show death antecedent to burning; respondent present shortly before fire – Extra-judicial confession and ‘abscondence’ not relied upon; even if ignored, remaining evidence suffices [Paras 4-6, 15, 17].

FIR/Registration Discrepancy – Initial UDR entry followed by registration under Section 302 IPC – No material infirmity; explained by transition from accidental-fire version to homicide [Para 16].

Section 201 IPC – Causing disappearance of evidence – Setting body on fire to conceal throttling – Conviction sustained [Paras 2, 15-16].

Appellate Interference with Acquittal – When justified – Acquittal may be reversed where findings are perverse/unreasonable or ignore vital evidence – High Court’s view held unsustainable; Trial Court’s conviction restored [Para 18].

Decision – Appeal allowed – High Court’s acquittal set aside – Convictions under Sections 302, 201 and 498A IPC restored – Respondent to be taken into custody; bail bonds cancelled [Para 18].

Criminal – Murder — Sections 302, 376, 458, 460, 34 of IPC - Child Witness — Sole Evidence — Identification of Accused — Delay in Recording Statement — Held: Conviction based solely on testimony of child witness aged 7 years who was injured in incident is not safe in absence of corroborative evidence — Delay of three days in recording statement under Section 161 CrPC unexplained — Doubt raised about her ability to identify the appellant, whom she did not know personally — Identity of appellant introduced via leading questions by her father — Courts below erred in relying on such identification — Benefit of doubt must be extended to accused [Paras 27–30, 32].

Criminal Law — Rape Allegation — No Charge Framed — No Supporting Evidence — Held: Trial Court erred in presuming rape on deceased solely based on medical report suggesting possibility of sexual assault — No charge framed under Section 376 IPC — No testimony or forensic proof against accused — Finding of rape is unsustainable and erroneous in law [Paras 19–21].

Evidence — Appreciation — Child Witness — Contradictions and Omissions — Held: Multiple contradictions between deposition in court and earlier statements under Section 161 CrPC and before Magistrate — No mention in earlier statements that appellant was son of Amar Singh, owner of the tube well — Witness identified accused only five years after occurrence — Serious doubt arises about veracity of identification and opportunity to recognize the accused [Paras 28–30].

Murder — Motive — Absence of Motive — Held: No motive established for killing uncle (Rabi Singh), with whom accused’s family had cordial relations — Victim was father’s brother — Lack of motive in a circumstantial case casts further doubt on prosecution story — Further strengthens defence of false implication [Para 31].

Acquittal — Benefit of Doubt — Death Sentence Set Aside — Held: Sole reliance on uncorroborated child witness not safe — Prosecution failed to establish guilt beyond reasonable doubt — Accused acquitted of all charges — Directed to be released unless required in any other case [Paras 32–33].

Education Law – Reservation - All India Quota – MBBS/BDS admissions – 15% quota must be fully effective – States/colleges cannot reduce quota by late counseling or withholding seats – Any deliberate delay to revert seats to State quota deprecated – Strict compliance with admission schedule mandatory [Paras 2–7, 13–14].

Admission Schedule – Binding effect – 10+2 results must be declared by 10 June; mark-sheets by 15 June; State entrance results by 15 June; first round of State counseling by 25 July; vacancies to DGHS by 26 July; All India 2nd counseling by 1–8 August; final closure by 30 September – Any deviation impermissible – No midstream admissions – No carry forward of unfilled seats [Paras 11–12, 14, 18–19, 32].

Section 10A Seats – Inclusion in All India Quota – Prima facie, no reason why seats permitted u/s 10A in Govt. colleges should be excluded – Substantial reduction of quota otherwise – Directed Central Govt., DGHS & MCI to examine and report [Paras 22–30].

Postgraduate & Super-speciality admissions – Similar binding schedules – No 2nd counseling – Last dates for joining strictly enforceable [Para 31].

Merit – Competitive examination merit cannot be altered by interviews/extra marks – Excess management quota admissions to be adjusted by reducing quota next year – Sanctioned intake capacity not to be exceeded [Paras 32, 35(11), 35(13)].

Directions – Supreme Court issued comprehensive directions (35 clauses), including: (i) mandatory declaration of 10+2 results by 10 June; (ii) strict adherence to admission schedule; (iii) disclosure/publication of all seats; (iv) compliance reports by States & DGHS; (v) feasibility of video-conference counseling to be explored; (vi) DGHS to report on inclusion of Section 10A seats & possible increase of All India quota from 15% to 20%; (vii) proposal for high-powered committee/ombudsman to oversee MCI/DCI and admission processes [Paras 35–36].

Service Law - Premature Retirement – Validity – Rule 244, Rajasthan Service Rules – Appellant, manager of Co-operative Society, compulsorily retired at age 56 after 27 years of service – Held: Service Rules had been adopted by society – Rule 244 confers absolute right on appointing authority to compulsorily retire employee in public interest after completion of 25 years of service or on attaining 50 years – Order valid [Paras 14-16].

Delegation of Power – Scope – Delegation does not denude delegator of authority – Explained with reference to English and Indian precedents – Principle that delegator cannot review delegate’s decision not applicable here since revisional power under Section 128 vests separately in State Government and Registrar – Additional Registrar lacked jurisdiction as Administrator was not subordinate to Registrar – State Government rightly exercised revisional jurisdiction [Paras 8-14, 18-21].

Concurrent Revisional Jurisdiction – Section 128, Rajasthan Co-operative Societies Act – State Government and Registrar distinct and separate authorities – Not interchangeable – Appeal to Government lies where order made by Registrar; appeal to Registrar lies where order made by society or other person – Thus, no bar on State Government’s jurisdiction in present case [Paras 18-20].

Writ Jurisdiction – High Court’s Decision – No infirmity in dismissal of appellant’s writ petition – High Court rightly held State Government competent to exercise revisional jurisdiction – Orders of Single Judge and Division Bench affirmed – Appeal dismissed [Paras 16, 20-21].

Decision – Appeal Dismissed – No order as to costs [Para 21].