Electricity Law - Cross Subsidy Surcharge (CSS) Liability - Special Economic Zones (SEZ) - Developer as Deemed Distribution Licensee - Appellant’s unit located in SEZ declared as a deemed distribution licensee under Section 14(b) of the Electricity Act, 2003 by virtue of Notification under Section 49 of the SEZ Act, 2005 - Appellant argued that it is not liable to pay CSS to WESCO as it is not utilizing their distribution system - Supreme Court held that the appellant is liable to pay CSS despite being a deemed distribution licensee - Appellant must contribute to cross subsidy irrespective of the direct supply from Sterlite through a Power Purchase Agreement (PPA) – Harmonious interpretation of SEZ Act and Electricity Act, 2003 - Dismissed. [Paras 1-44]

Role of Appellant as Consumer and Distribution Licensee - Analysis - Held - The appellant, although a deemed distribution licensee, functions solely for its own consumption without supplying to other consumers - Under Electricity Act, 2003, CSS is applicable even when electricity is not sourced through the local distribution licensee - Deemed distribution licensee status under SEZ Act does not exempt the appellant from CSS obligations. [Para 43]

Decision - Dismissal of Appeal - Court dismissed the appeal, emphasizing that the deemed licensee status under SEZ Act does not preclude CSS liability - Appellant’s direct procurement from Sterlite and sole consumption do not negate its obligation to pay CSS to WESCO - Appellant’s arguments regarding non-use of WESCO’s distribution system rejected based on regulatory provisions. [Para 44]

Criminal Law – Conviction based on extra-judicial confession – Appeal challenging the conviction and sentence for rape and murder based on extra-judicial confessions – Confessions made to Village Administrative Officers by appellants – High Court found the confessions credible and supported by circumstantial evidence, including post-mortem reports – Supreme Court upheld the High Court’s judgment – Held, extra-judicial confessions, if credible and corroborated by other evidence, can form the basis of conviction. [Paras 1-16]

Rape and Murder – Evaluation of Evidence – Post-mortem report indicating strangulation and signs of rape except presence of semen – Confessions by accused leading to recovery of victim’s diary and other evidence – High Court and Supreme Court considered the entire chain of events and corroborative evidence – Appellant No. 2 acquitted of murder charge due to lack of participation in the act of strangulation – Conviction under Section 376 IPC sustained. [Paras 2-12]

Decision – Conviction and Sentence – Supreme Court upheld the conviction of Baskaran (A1) for rape and murder and the conviction of the second appellant for rape – Appeal dismissed – Bails bonds of appellants cancelled, and they were ordered to be taken into custody to serve the remaining part of their sentences. [Paras 15-16]

Criminal Law – Fast-Track Procedure for Rape Cases – Directions IssuedCriminal Appeal challenging delays in rape trials and proposing procedural reforms for expedited justice.The Supreme Court issued interim directions under Article 142 to all police stations, emphasizing the need for immediate steps to take the victim to a Judicial Magistrate for recording statements under Section 164 CrPC. The Court stressed the urgency of having these statements recorded by a Lady Judicial Magistrate and maintaining confidentiality until the charge sheet is filed. Held that such reforms are essential to reduce delays and ensure timely justice for victims of rape. [Paras 1-11]

Recording of Victim’s Statement – Procedure and Confidentiality – Guidelines Established- Established guidelines for the recording and handling of victim statements in rape cases.Directed that statements under Section 164 CrPC should be recorded immediately and kept in sealed cover. The Court outlined specific steps for Investigating Officers, including documenting reasons for delays exceeding 24 hours. Emphasized the need for a Medical Examination as per Section 164A CrPC. These measures aim to streamline the process and safeguard the victim's testimony. [Paras 9-10]

Decision – Mandatory Compliance with Interim Directions – Implementation Ordered- Directed compliance with the interim directions issued for all new cases post-receipt of order.Ordered that copies of the interim directions be circulated to all Director Generals of Police and Commissioners of Police for strict adherence in future cases. The case was posted for review to ensure compliance and consider further necessary orders. [Paras 10-11]

Criminal Law – Conviction for Abetment of Suicide and Cruelty – Appeal against conviction under Sections 306 and 498A read with Section 34 IPC – Deceased committed suicide by setting herself on fire due to alleged continuous harassment by the appellant and his mother – High Court upheld the conviction of the appellant, reducing the sentence of his mother – Appeal dismissed by Supreme Court. [Paras 1-9]

Dying Declaration – Reliability – Held – Dying declaration recorded by the Executive Magistrate shortly after the incident was deemed reliable – Statements corroborated by witnesses and medical evidence – Court found no reason to disbelieve the dying declaration. [Para 9]

Mental Illness Defense – Rejection – Appellant's contention that the deceased suffered from mental illness and was under treatment was not accepted – Court held that mental illness did not appear to contribute to the deceased’s decision to commit suicide, focusing on the harassment and cruelty faced by the deceased. [Para 8-9]

Decision – Dismissal of Appeal – Supreme Court upheld the judgments of the trial court and High Court – Confirmed the conviction and sentence of the appellant – Directed appellant to surrender if on bail to serve out the remaining sentence. [Para 9]

Criminal Law - Sudden Provocation and Altercation - Reduction of Sentence:Held – The appellants were originally convicted under Sections 147, 323/149, and 302/149 IPC for causing the death of the deceased Rajmani @ Bihari during an altercation over irrigation water. The Supreme Court re-examined the nature of the provocation and the escalation of the conflict, concluding that the appellants acted without premeditation and under sudden provocation. The act committed falls under the First Exception to Section 300 IPC, and thus, the offence was reduced to culpable homicide not amounting to murder under Section 304 Part II IPC. The court sentenced the appellants to five years of rigorous imprisonment each for this offence. [Paras 1-13]

Evaluation of Evidence - Witness Credibility - Medical Evidence:Held – The testimonies of eyewitnesses (PWs 1-3) were deemed credible and consistent with the medical evidence provided by PW4 and PW5. The medical reports corroborated the cause of death as being due to the injuries inflicted during the altercation. The evidence showed that the injuries were inflicted in the heat of the moment, without premeditation, further justifying the reduction of the offence from murder to culpable homicide not amounting to murder. [Paras 7-9]

Decision - Reduction of Conviction and Sentence:The appeal is partly allowed. The conviction of the appellants under Section 302/149 IPC is set aside and replaced with a conviction under Section 304 Part II IPC. The appellants are sentenced to five years of rigorous imprisonment each. Other convictions and sentences imposed by the High Court are maintained. [Paras 12-13]

Industrial Law - Reinstatement and Back Wages - Review of High Court's Modification - Civil Appeal against High Court order modifying Labour Court's award reinstating Appellant with full back wages - Labour Court's decision based on continuous service and illegal termination - High Court erred in exercising jurisdiction under Articles 226 and 227 - Held, High Court's modification of award to grant Rs. 1,00,000/- as damages without assigning valid reasons was unsustainable - Labour Court's award reinstated - Appellant entitled to reinstatement with full back wages and other consequential benefits. [Paras 1-36]

Retrenchment - Legal Principles - Applicability of Section 6N of U.P. Industrial Disputes Act - Held - Respondent's claim that Appellant was a temporary worker rejected - Continuous service of six years proven - Artificial breaks imposed with oblique motive to deprive permanent status - Labour Court correct in holding retrenchment without compliance of mandatory provisions void ab initio. [Paras 19-26]

Decision - Reinstatement with Full Back Wages and Consequential Benefits - High Court's order set aside - Labour Court's award reinstating Appellant with full back wages upheld - Appeals allowed. [Paras 35-36]

Environmental Law – Development Project – Appellant involved in the Jal Mahal Tourism Infrastructure Project, focusing on the restoration and development of Mansagar Lake and its surrounding areas – High Court canceled the project citing violations of environmental norms and public trust doctrine – Supreme Court scrutinized the procedure and evidence presented by the appellant and government authorities, emphasizing the need for adherence to environmental regulations while balancing developmental objectives [Paras 1-118].

Public Interest Litigation – Delay and Malafides – Respondent's PIL filed years after project commencement, leading to substantial investments by the appellant – Supreme Court criticized the delay and questioned the bona fides of the PIL, noting suppression of facts and lack of prompt action – Court highlighted the importance of timely and genuine PILs to prevent undue prejudice to involved parties [Paras 39-50, 105].

Policy and Governance – Judicial Review – Supreme Court stressed the limits of judicial intervention in administrative decisions unless clear evidence of arbitrariness or illegality – Reaffirmed the importance of mutual respect among state organs and the need for courts to exercise restraint in matters involving complex policy decisions supported by expert assessments [Paras 117-118].

Decision: Appeals partly allowed – High Court’s order canceling the project set aside – Supreme Court mandated a balanced approach, allowing development while ensuring strict compliance with environmental and legal norms – Specific directions issued to ensure transparency and accountability in ongoing and future phases of the project [Para 118].

Criminal Law – Murder vs. Culpable Homicide – Private Defence – Appeal against conviction under Section 302 IPC – Examination of right of private defence as claimed by the accused – High Court's dismissal of appeal and affirmation of conviction by Trial Court for offences under Sections 302, 324 IPC and Section 27 of the Arms Act. Supreme Court re-evaluates evidence regarding the right of private defence – Finds no evidence supporting the claim of the accused acting in private defence – Held that the accused's actions did not meet the requirements for private defence and constituted culpable homicide not amounting to murder under Section 304 IPC instead of murder under Section 302 IPC – Conviction under Section 302 IPC set aside and replaced with conviction under Section 304 IPC. Sentence reduced to seven years rigorous imprisonment and fine of Rs. 5,000/-. [Paras 1-27]

Private Defence – Applicability – Analysis – Held – Accused’s claim of private defence unsupported by evidence – No reasonable apprehension of danger to body established – Evidence indicated that the accused was the aggressor – Statement of independent witness supports prosecution's case – Right of private defence not applicable when the accused was the aggressor. [Para 18-26]

Decision – Reclassification of Offence – Conviction under Section 302 IPC replaced with Section 304 IPC – Sentence modified to seven years rigorous imprisonment and fine of Rs. 5,000/- with further imprisonment of six months in default of fine payment – Convictions under Sections 324 IPC and 27 Arms Act upheld – Sentences to run concurrently. [Para 27-30]

Motor Vehicles Act - Compensation - Enhancement - Appeal against High Court's judgment enhancing compensation from Rs. 6,46,000/- to Rs. 18,22,000/- with interest at 7.5% per annum - Appellant, a student, sustained grievous injuries resulting in permanent disability affecting her future prospects - High Court determined notional monthly income at Rs. 6,000/-, deemed meager by Supreme Court considering appellant's academic performance and potential future income - Held that notional income should be Rs. 10,000/- per month with a 50% increase for future prospects - Total compensation recalculated to Rs. 30,93,000/- with 9% interest from the date of application - Appeal allowed with directions for deposit and disbursement of awarded amount. [Paras 1-26]

Compensation Assessment - Factors Considered - Held - Court considered age, academic performance, potential future income, and nature of injuries - Applied principles from prior judgments (Raj Kumar, Govind Yadav, Santosh Devi) - Acknowledged inflation and future prospects - Enhanced compensation under heads of loss of earning, pain and suffering, loss of amenities, and loss of marital prospects - Award included cost of litigation. [Paras 10-24]

Decision - Enhanced Compensation - Directed Insurance Company to deposit 50% of awarded amount in a nationalized bank for 3 years with liberty to appellant for withdrawal as needed - Remaining 50% to be paid within four weeks - Compliance report to be submitted within five weeks - Appeal allowed with no costs. [Paras 24-26]