Prevention of Corruption Act, 1988—Sections 7 and 13(1)(d) read with Section 13(2)—Demand and Acceptance of Bribe—Appeal against Acquittal—Recovery Not Conclusive—Probable Defense—Acquittal Affirmed—In an appeal against acquittal under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, the prosecution is required to establish beyond reasonable doubt the initial demand and subsequent acceptance of illegal gratification; mere recovery of tainted money is not sufficient to sustain conviction—Where the complainant’s retiral benefits had already been released prior to the trap and no official work was pending with the accused, the very occasion or motive for demand was absent—Serious contradictions and omissions in the testimonies of the complainant a...

Criminal Appeal—Murder (Section 302 read with Section 34 IPC)—Appreciation of Evidence—Unreliable Eyewitnesses—Delay in Disclosure—Motive Not Proved—Circumstantial Evidence Contradicted by Medical Evidence—Suspicion Cannot Substitute Proof—Acquittal—Conviction under Section 302 read with Section 34 IPC was unsustainable where the prosecution case suffered from serious infirmities—The death, though medically established as homicidal, was initially treated as suicide and the homicidal angle was pursued after an unexplained delay of three months—The conviction rested mainly on testimonies of two alleged eyewitnesses whose conduct was found unnatural, particularly their failure to inform the police despite knowing both the deceased and the accused and being present at the scene...

Hindu Law—Nature of Property Inherited after Hindu Succession Act, 1956—Separate Property of Son—Right to Alienate—Registration of Sale—Maintainability of Suit—Second Appeal—Property received by a Hindu male from his father, where the father had obtained the property on partition effected after the commencement of the Hindu Succession Act, 1956, becomes the separate property of the father, and upon his death devolves on the son by succession under Section 8 of the HSA, and not by survivorship—Such property, when inherited by the son after 1956, retains the character of the son’s separate/self-acquired property and does not become Joint Hindu Family or coparcenary property vis-à-vis his lineal descendants, who therefore have no birthright therein—Consequently, the son has a...

Limitation Act, 1963—Section 5—Condonation of Delay—State/Public Instrumentalities—Sufficient Cause—No Special Privilege—Applications by State entities or public instrumentalities for condonation of delay under Section 5 of the Limitation Act, 1963, must demonstrate sufficient cause with clear, detailed, and timely explanation—Mere assertions of “administrative difficulties,” internal consultations, or document processing delays are insufficient, and the State is not entitled to special privilege over private litigants under Article 14 of the Constitution—The explanation must be bona fide and contemporaneous; after-the-fact affidavits submitted years later cannot justify condonation, as they risk fabricating excuses contrary to the Limitation Act’s objective of finality and...

Conviction under Section 302 IPC for murder upheld where homicidal death was established through medical evidence (postmortem report and medical testimony) showing death due to hemorrhagic shock from severe head injury caused by an axe; eyewitness testimony corroborated by circumstantial evidence, including seizure of blood-stained axe and clothes, consistent with deceased’s blood group—Exception 1 to Section 300 IPC (sudden and grave provocation) inapplicable as quarrel over money persisted into the next day, no immediate provocation proved, and the assault demonstrated intention and knowledge to cause death—Distinction between culpable homicide (Section 299 IPC) and murder (Section 300 IPC) clarified: intention/knowledge inferred from weapon, force, injury location, and lack of sudden provocation; mere trivial dispute ...

Criminal Procedure Code, 1973—Section 482; IPC Section 304-A—Quashing of FIR and Proceedings for Death by Negligence Against Company Officials—High Court, exercising its inherent powers under Section 482 CrPC, quashed the FIR and consequential proceedings against the Managing Director and Engineer of a construction company in a case where a child drowned in a construction site pothole—Key observations: Absence of prima facie case: No evidence showed active role, criminal intent, or responsibility for day-to-day safety measures against the applicants (Paras 5, 22, 23). No vicarious liability: Managing Director cannot be held liable under Section 304-A IPC without direct involvement or criminal intent; general principle of no vicarious criminal liability applies (Paras 6, 8, 12, 14, 16, 18, 19, 23). Engineer...

Penal Code, 1860—Section 498-A—Scope of “Relative of Husband”—Friend Not Covered—Quashment of Proceedings Allowed—In Amol S/o Shankarraoji Chkole v. State of Maharashtra, the Bombay High Court quashed criminal proceedings under Section 498-A IPC against the applicant, a friend of the husband of the complainant—While the complaint alleged that the applicant instigated the husband to coerce the wife for dowry and advised him to sever ties if demands were not met, the Court held that a "friend" does not fall within the statutory meaning of "relative" under Section 498-A IPC—Relying on the Supreme Court’s decision in Dechamma I.M. v. State of Karnataka and U. Suvetha v. State, the Court emphasized that the term “relative” under Section 498-A must be in...

Constitution of India—Article 22(1)—The applicant sought regular bail under Section 483 of the BNSS in connection with Crime No. 922/2024 registered for serious offences under IPC Sections 109, 120-B, 406, 409, 420, 467, 471, etc., and Section 3 of the MPID Act, involving alleged financial fraud of ₹242 crores during her tenure as CEO of Babaji Date Mahila Sahakari Bank, Yavatmal—The prosecution alleged misuse of position to illegally sanction loans in the names of relatives, benefitting her husband—While acknowledging the serious nature of the economic offence, the Court found merit in the applicant’s claim of illegal arrest, citing violation of Section 46(4) CrPC/BNSS, as arrest occurred after sunset without prior permission from the Judicial Magistrate—Furthermore, the Court noted failure to commun...

Penal Code, 1860—Section 376—And Evidence Act, 1872, Section 114(b), the testimony of a rape victim is treated with the same sanctity as that of an injured witness; corroboration is not mandatory if her testimony is trustworthy and inspires confidence—Courts must assess her evidence sensitively, acknowledging that she is a victim, not an accomplice, and minor inconsistencies do not vitiate a credible case—However, if the court feels cautious in relying solely on her statement, it may seek assurance through supporting evidence, short of full corroboration—Medical findings such as contusions and bite marks on sensitive areas (e.g., breasts), noted by multiple doctors and left unchallenged, significantly strengthen the prosecution’s case—Absence of semen does not negate rape, as per Section 375, whic...

Civil Procedure Code, 1908—Partition Decree—Preliminary vs—Final—A preliminary decree in a partition suit, which merely declares parties’ rights and shares, is not executable under Order XXI Rule 35 CPC—Execution lies only after a final decree is passed under Order XX Rule 18, which allocates specific shares by metes and bounds and is duly engrossed on requisite stamp paper as per the applicable Stamp Act (e.g., Bombay/Maharashtra Stamp Act)—Filing execution based solely on a preliminary decree is premature and not maintainable. Stamp Act—Section 34—A final partition decree is chargeable with stamp duty and cannot be acted upon or executed unless properly stamped—The executing court is barred from acting on an unstamped or insufficiently stamped final decree—Land Revenue...