Criminal Law - Appeal - Conviction and sentence - Quashing of conviction and sentences imposed on appellant - Heinous nature of crime - Rape and murder of a six-year-old child - Court finding multiple irregularities, contradictions, and gaps in prosecution's case and investigation - Failure to establish guilt beyond reasonable doubt - Irregularities in investigation, including changing of investigating officers, non-compliance with legal provisions, delays in sample analysis, lack of proper documentation, and unanswered questions - DNA evidence not infallible - Prosecution failing to undergo necessary lengths and efforts to prove guilt of appellant - Yawning gaps in chain of circumstances - Circumstances not conclusively pointing to appellant's guilt - Charges not proved against appellant - Role and responsibilities of investigating authorities - Failure to adhere to principles essential for successful investigations - Appeals allowed - Conviction and sentences quashed and set aside - Appellant to be set at liberty forthwith if not required in any other case. [Para 68-82]

Criminal Procedure Code, 1973 - Section 53A - Compliance with provisions - Non-compliance with requirements of Section 53A, including taking samples, maintaining chain of custody, and timely submission of samples for analysis - Unexplained delay and irregularities compromising the integrity of evidence - Failure to establish guilt beyond reasonable doubt. [Para 61-63, 75-78]

DNA Evidence - Reliability - DNA report forming part of record - Unexplained delay in sending samples for analysis - Uncompromised nature of evidence not established - DNA evidence not infallible - Circumstances not pointing conclusively to appellant's guilt - Conviction and sentences quashed and set aside. [Para 64-65, 78]

Criminal Appeal - Quashing of charge-sheet and criminal proceedings - Appellant challenged the dismissal of his application seeking quashing of the charge-sheet and pending criminal proceedings - Allegations of verbal abuse and physical assault - FIR registered under IPC and SC/ST Act - Appellant claimed he was also beaten and his FIR was not initially registered - Second FIR filed against the complainant - Appellant alleged mala fide intention and failure to consider his version of the incident - High Court found no material irregularity and dismissed the application - Appeal before Supreme Court. (Para 2)

SC/ST Act - Offence under section 3(1)(x) - Allegations of caste-related abuses and insult with intent to humiliate - Examination of place of occurrence and presence of a member of the public - Lack of evidence regarding utterances and targeted insults - Legislative intent to target insults based on caste - Charge-sheet lacking specific content of abusive language to attract SC/ST Act - Proper outlining of utterances required in the charge-sheet - Failure to make out a case under section 3(1)(x) of the SC/ST Act. (Para 17-18)

Offences under IPC - Voluntarily causing hurt (section 323) and intentional insult (section 504) - Lack of evidence regarding nature of injuries and witnesses - Absence of intentional insult to provoke a person to break public peace or commit another offence - Appellant's abuse without sufficient grounds for trial - Abuse of process of law - Quashing of criminal proceedings warranted. (Para 21-23)

Jurisdiction - Section 482 of Cr. PC - High Court's limited jurisdiction to appreciate evidence and determine prima facie case - Failure to consider challenge to criminal proceedings and charge-sheet - Grave failure of justice - High Court's judgment set aside - Criminal case quashed. (Para 24)

Abuse of process of law - Continuation of criminal case unjustified - Absence of evidence, intentional insult, and targeted caste-related abuses - Quashing of criminal case ordered. (Para 25)

Contracts - Tender process - Judicial review - Restraint in interference - Court's role in contractual and commercial matters - Need for clear-cut case of arbitrariness, mala fides, bias, or irrationality - Court's limited expertise in technical issues - Consideration of public interest and financial implications - Discretionary powers to be exercised with caution - Exercise of power of judicial review only in furtherance of public interest. [Para 48]

Tender process - Compliance with tender conditions - Deviation from mandatory requirements - Disqualification of non-responsive bidder - Discretion of employer in accepting bids - Courts should refrain from imposing their decision over the decision of the employer, unless a clear-cut case of arbitrariness, mala fides, bias, or irrationality is made out - Court's interference not warranted when contract is well underway and fresh tender would cause unnecessary loss to public exchequer. [Para 49, 55]

Disqualification of bidder - Investigation into decision of employer - Reversing disqualification - Exercise of writ jurisdiction - Requirement of public interest - Reluctance of courts to interfere in matters of tender or contract - Courts not to use a magnifying glass to scrutinize tenders - Fair play in the joints to be given to government and public sector undertakings - Courts must exercise restraint and caution. [Para 48, 54]

Compliance with tender conditions - Revision of documents - Restriction on addition, correction, or submission after technical bid opening - Applicability to documents forming part of technical bid - Distinction between mandatory documents and additional or collateral terms - Revised Annexure Y submitted after bid submission end date - Permissibility in case of clerical error - Discretion of employer in accepting revised document. [Para 50, 51]

Financial implications and public interest - Fresh tender process - Consideration of cost and time implications - Loss to public exchequer - Courts to exercise caution in directing a fresh tender - Overwhelming public interest required for court's interference. [Para 52, 56]

Public sector contracts - Award of contract - Commercial functions - Equity and natural justice stay at a distance - Bona fide decision in public interest - Court's exercise of judicial review in tender or contract matters - Protection of private interest at cost of public interest - Discretionary powers to be exercised with restraint and consideration of larger public interest. [Para 54]

Disqualification of non-responsive bidder - Failure to comply with tender conditions - Investigation into decision of employer - Non-compliant deviation from material and essential terms - Disqualification upheld by court - No interference warranted in acceptance of eligible bidder - Discretion of employer in awarding contract - Financial implications of terminating contract - Court's interference not in public interest. [Para 49]

Disqualification of bidder - Tender process - Compliance with mandatory conditions - Deviation from essential requirements - Disqualification of non-responsive bidder - Reversal of disqualification by court - Misplaced relief for party not fulfilling requisite criteria - Contractual disputes not suitable for judicial interference - Protection of public interest and larger public exchequer. [Para 55]

Tender process - Compliance with tender conditions - Mandatory eligibility conditions for qualified bidder - Stipulated conditions in tender document - Non-compliance leading to non-responsive status - Technical evaluation and lowest rates determining award of contract - Disqualification upheld in case of deviation. [Para 41, 43]

Criminal Procedure Code, 1973 – Sections 227, 239 – Discharge of accused – Scope – At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed – Accused can be discharged only if no offence is made out – Truthfulness, sufficiency, and acceptability of the material produced can be evaluated only at the stage of trial – Court has to satisfy that a prima facie case is made out against the accused – Interference of the Court at that stage is required only if there are strong reasons to hold that allowing the trial to proceed would amount to an abuse of the process of the Court. [Para 11]

Psychological Evaluation and Profiling – Value of evidence – While Psychological Evaluation alone may not be sufficient to convict an accused, it is a material piece of evidence that should be considered – Failure to consider the results of Psychological Evaluation and Profiling tests, which pointed towards the involvement of the accused, indicates non-application of mind by the Court. [Para 17]

Selective consideration of evidence – High Court’s failure to refer to the statements of witnesses and the evidence collected in its entirety, and instead selectively referring to some statements, demonstrates a lack of proper analysis – Non-application of mind by the High Court in exercising its jurisdiction, leading to the scuttling of the trial of a heinous crime. [Para 18]

Discharge of accused in blind murder case – In a blind murder case where no eye-witness is present, the Court must rely on circumstantial evidence and the material collected during the investigation to establish a prima facie case – The discharge of accused without proper consideration of the evidence collected and the results of Psychological Evaluation and Profiling tests would be unjust and an abuse of the process of the Court. [Para 20]

Setting aside of order of discharge – In light of the non-application of mind by the High Court, selective consideration of evidence, and failure to evaluate the results of Psychological Evaluation and Profiling tests, the impugned order of the High Court is set aside, and the case is remitted for further proceedings. [Para 21]

Arbitration - Barred by limitation - Distinction between claims being barred by limitation and the application for appointment of an arbitrator being barred by limitation. [Para 52]

Cause of action - Determination of when a cause of action accrues - Cause of action arises when there is a person who can sue and another who can be sued, and when all the material facts have happened that are necessary for the plaintiff to succeed. [Para 53]

Cause of action and limitation period - Importance of understanding cause of action for calculating the limitation period - Cause of action becomes important for calculating the limitation period for bringing an action - If a party delays sending a notice for arbitration due to uncertainty about when the cause of action arose, the claim can become time-barred even before the party realizes it. [Para 55]

Limitation period for commencing arbitration - Period of limitation for commencing an arbitration runs from the date when the cause of arbitration accrued - It is the date when the claimant first acquired either a right of action or a right to require that an arbitration takes place upon the dispute concerned. [Para 56]

Negotiations and limitation period - Negotiations between the parties cannot postpone the cause of action for the purpose of limitation - The statutory time-period for enforcing a claim cannot be defeated by ongoing negotiations. [Para 63]

Conclusion - Cause of action in the present case arose when the bank guarantee was encashed in 2016 and the amount was transferred to the government account - Negotiations and attempts at an amicable settlement after this point do not save the limitation period - The claim is hopelessly time-barred - Petition rejected. [Para 68]

Animal Welfare - Legality of bovine sports under the Prevention of Cruelty to Animals Act, 1960 - Constitutional validity of Amendment Acts - Whether Amendment Acts are colorable legislation - Whether Amendment Acts relate to cultural heritage and preservation of native breeds - Whether Amendment Acts violate constitutional provisions - Whether Amendment Acts overcome defects pointed out in previous judgments - Whether Amendment Acts are valid legislations - Strict enforcement of the law. [Paras 1, 38-42]

Constitutional Law - Recognition of fundamental rights for animals - Interpretation of the Constitution - Animals as sentient beings - Obligation to protect animals from unnecessary pain and suffering - Balancing human necessity and animal welfare - Legislative competence of State Assemblies. [Paras 30, 31]

Interpretation of Legislation - Doctrine of Pith and Substance - Determining the true nature and character of legislation - Finding legislative competence - Presumption of constitutionality - Determining repugnancy between Central Act and State Act - Relationship between Amendment Acts and the 1960 Act. [Paras 33, 34]

Cultural Heritage - Jallikattu as part of Tamil culture and tradition - Necessity for religious, cultural, and social analysis - Role of the legislature in determining cultural events and traditions - Effect of Amendment Acts on the manner of conducting bovine sports - Rejection of the view that Jallikattu is not part of Tamil Nadu's cultural heritage. [Paras 30, 32]

Prevention of Cruelty to Animals - Minimizing cruelty in bovine sports - Implementation of Amendment Acts, Rules, and Notifications - Compliance with the 1960 Act - Balancing human activities and animal welfare - Impact on native breeds and agricultural activities - Relatability of Amendment Acts to specific entries in the Constitution. [Paras 37, 39]

Constitutional Rights - Articles 14, 19, and 21 - Reasonable restrictions on human activities involving animals - Protection of animal welfare - Balance between human rights and animal rights - Impact of the Amendment Acts on constitutional provisions - Compliance with previous judgments and review pleas. [Paras 30, 31, 40]

Validity of Legislation - Validity of Amendment Acts - Legislative competence of State Assemblies - Relation to cultural heritage, native breeds, and prevention of cruelty to animals - Overcoming defects pointed out in previous judgments - Presidential assent and enforcement of the law. [Paras 38, 40, 41]

Disposition - Dismissal of writ petitions - Disposal of pending applications - No order as to costs. [Para 45]

Court of Small Causes - Ex-parte decree - Application to set aside - Requirements - Compliance with proviso to Section 17 of the Act - Deposit or security to be furnished - Duty of the Court - Order promptly - Application under Section 17 to be filed before the application under Order IX Rule 13 of CPC - Permission to furnish security - Security to be acceptable and enforceable. (Para 18)

Interpretation of Section 17 of the Act - Application under Section 17 and Order IX Rule 13 filed on the same day - Compliance with proviso to Section 17 - Request for permission to deposit/furnish security - Duty of the Court to pass order promptly - No order passed on the application - Security provided independently by appellants - Unacceptable security in the form of a rented shop - Municipal Corporation as the owner - Inability to enforce the security - Non-compliance with Section 17. (Paras 21-27)

Effect of previous court judgments - Kedarnath v. State of Bihar - Provision for deposit can be dispensed with by the court - Previous application seeking direction for security required - Failure to formally apply for dispensing with security - Appellants' security not meeting the requirements of Section 17 - Full Bench judgments of Allahabad High Court - Ram Bharose v. Ganga Singh and Bhagwandas Arora v. First ADJ Rampur. (Para 22)

Consequences of non-compliance with Section 17 - Dismissal of application to set aside ex-parte decree - Upholding lower court's decision - Security furnished by appellants deemed unacceptable - Appeal dismissed - No order as to costs. (Para 28)

Criminal proceedings - Quashing of - Power of High Courts under Section 482 of the Criminal Procedure Code (Cr.P.C.) - Exercise of power to prevent abuse of process of any Court or to secure ends of justice - Powers to be exercised sparingly and with caution - Clear case of abuse of process of law must be made out by accused - Guidelines laid down for exercise of powers of quashing in the case of State of Haryana v. Bhajan Lal followed - Categories of cases provided for illustration - Inordinate delay in filing complaint and absence of substantive evidence considered as crucial factors. [Para 13]

2. Abuse of process of law - Inordinate delay in filing complaint - Unexplained delay of eight years in filing complaint after alleged incident - Delay deemed as misuse and abuse of process of law to settle personal scores - Continuation of malicious prosecution considered as further abuse and misuse of process of law - Prosecution quashed. [Para 17]

3. Frivolous litigation - Need to deter litigants from frivolous, irresponsible, and senseless litigation - Exemplary costs to be imposed on party initiating and continuing frivolous litigation - Serious view taken when individuals claiming to be global spiritual leaders engage in such frivolous litigations - Proliferation of frivolous cases hampers hearing of genuine cases. [Para 20]

4. Power of High Courts - Section 482 of Cr.P.C. - Power to quash proceedings - Guidelines for exercise of power provided in State of Haryana v. Bhajan Lal followed - Instances where allegations do not constitute offense, allegations are absurd and improbable, or there is an express legal bar to proceedings - Proceedings maliciously instituted also justifiable ground for quashing. [Para 13]

5. Quashing of criminal proceedings - Court's duty to prevent abuse of process and secure ends of justice - Proceedings quashed when allegations made are absurd and improbable - No prima facie case made out against accused - Complaint filed after inordinate delay of eight years - Complaint deemed as misuse and abuse of process of law. [Para 17]

6. Costs - Exemplary costs imposed on respondent- directed to deposit Rs. 1,00,000 with Supreme Court Advocates-on-Record Association. [Para 22]

Criminal Appeal - Conviction under Section 304 Part II, IPC - Discrepancies in prosecution evidence - Variance in witness statements - Corroborative testimonies - Medical evidence - Defence version - Appellant convicted by High Court after acquittal by Trial Court - Appeal challenged on grounds of inconsistencies in evidence, non-consideration of defence witness, and passage of time - Held, minor contradictions are normal given the time lapse - Variance in witness statements attributed to inadvertent mistake - Corroborative testimonies support the prosecution's case - Medical evidence confirms the cause of death by a blunt weapon - Defence version with multiple contradictory accounts lacks credibility - High Court's reversal of acquittal justified - Appeal dismissed.