A. Criminal Procedure Code, 1973—Section 125—Maintenance—DNA test—Repeated applications—Application seeking DNA test to determine paternity filed after earlier similar applications stood rejected—Such orders having attained finality—Held, filing repeated applications on same issue amounts to abuse of process of law—Trial court justified in rejecting application. [Paras 8–10] B. Criminal Procedure Code, 1973—Section 125—DNA testing—Requirement of judicial order—Mere consent of opposite party insufficient to direct DNA test—Specific judicial order required for such examination—Application filed after long lapse of time without any subsisting direction held untenable. [Paras 8–10] Result: Application for DNA testing rightly rejecte...

A. Penal Code, 1860—Sections 363, 366-A, 376-AB, 506—Protection of Children from Sexual Offences Act, 2012—Sections 6, 10—Conviction—Sustainability—Inconsistent and unreliable evidence—Benefit of doubt—Conviction for kidnapping and penetrative sexual assault set aside—Material contradictions between testimony of prosecutrix and FIR version—Victim’s version not consistent with mother’s account—Evidence not of sterling quality—Medical evidence does not support prosecution case—No injuries, no conclusive opinion of sexual assault—Prosecution failed to establish foundational facts—Conviction unsustainable—Accused entitled to benefit of doubt. [Paras 5, 6, 7, 9, 10] B. Protection of Children from Sexual Offences Act, 2012—S...

A. Negotiable Instruments Act, 1881—Sections 138, 147—Code of Criminal Procedure, 1973—Section 482 (BNSS—Section 528)—Compounding of offence—Post-conviction stage—Offence under Section 138 NI Act is compoundable at any stage, even after conviction has attained finality—Section 147 has overriding effect over CrPC—High Court can exercise inherent powers under Section 482 CrPC/Section 528 BNSS to quash conviction on settlement between parties—Refusal to permit compounding would defeat legislative intent of encouraging settlement—Conviction and sentence quashed on compromise. [Paras 11, 17, 21, 23 to 25]  B. Negotiable Instruments Act, 1881—Sections 138, 147—Nature of offence—Offence under Section 138 is primarily civil in nature with compensatory...

Criminal Procedure Code, 1973—Sections 197, 482; Maharashtra Police Act, 1951—Sanction for Prosecution of Public Servants; Quashing of Proceedings; Police Atrocities; SPCA—Section 197 CrPC mandates prior sanction for prosecution of public servants for acts done in discharge of, or purporting to be in discharge of, official duty or in excess thereof, provided there is a reasonable nexus with official functions—Acts entirely outside the scope of duty do not attract protection—Sanction may be required at any stage if facts subsequently disclose its necessity—Section 482 CrPC empowers the High Court to quash proceedings ex facie bad, frivolous, or in abuse of process, particularly where allegations are prompted by mala fides—Allegations of police atrocities in custody fall within the ambit of official...

Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975—Clause 24—Revisional Jurisdiction—A Revisional Authority, such as the Hon’ble Minister, must record positive findings regarding the legality, propriety, or irregularity of the impugned order before exercising revision—It cannot act as a first authority or substitute its own opinion merely because of the past conduct of a fair price shop owner or support from cardholders—An order setting aside the cancellation of Authorization without such findings is beyond jurisdiction and liable to be quashed—Matters remitted for fresh consideration on merits—— Locus Standi—A writ petition challenging an order under Clause 24 of the 1975 Distribution Order by a complainant/cardholder is maintainable, distinguishing it fr...

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 ...