A. Criminal Procedure Code, 1973—Sections 53A and 164A—DNA Profiling in Rape Investigations—Admissibility and Constitutional Considerations—DNA profiling serves as a crucial forensic tool in rape cases, assisting in both convicting the guilty and exonerating the innocent—Its statutory foundation under Sections 53A and 164A of the CrPC ensures legal validity—While concerns regarding sample tampering and individual privacy exist, the pursuit of truth in serious criminal matters, particularly crimes against society, justifies the use of such evidence—Claims under Articles 20(3) and 21 of the Constitution must yield when balanced against the societal interest in justice—(Paras 13, 14, 15, 16, 17, 21, 22, 27) B. Penal Code, 1860—Section 376(1)—Rape—Acquittal Based on DNA Evid...

A. Penal Code, 1860—Section 376, Section 448; POCSO Act, 2012—Section 6—Rape, House-trespass, Sexual Assault on Minor—Juvenility Plea Raised on Appeal Conviction under IPC and POCSO affirmed—However, plea of juvenility raised during appeal—Ossification test conducted with conflicting reports from different Medical Boards—Applying Supreme Court precedents, margin of error in age determination from ossification tests considered—Benefit of doubt given to appellant; held juvenile at time of incident—Conviction upheld, but sentence remitted to Juvenile Justice Board for appropriate determination under the JJ Act. (Paras 2, 4–31) B. Juvenile Justice (Care and Protection of Children) Act, 2015; JJ Rules, 2007—Section 94, Rule 12(3)(b)—Age Determination of Accused—O...

A. Criminal Procedure Code, 1973 (CrPC)—Section 156(3)—Registration of Complaint Case—Court ordered registration of a complaint case following a protest petition against the police final report exonerating accused police personnel—Due to serious allegations by the informant, the complaint case was registered and police case records were directed to be tagged with it. (Para 24) B. Criminal Procedure Code, 1973 (CrPC)—Section 173—Final Report—Court’s Options—Court may accept the final report and drop proceedings, disagree and take cognizance, or direct further investigation—Ensuring a fair investigation is vital to guarantee a fair trial, uphold constitutional rights, and maintain public confidence, especially when senior police officers are accused. (Para 20) C. Constitution...

A—Indian Evidence Act, 1872—Sections 24 to 27—Confession in Custody and Discovery—Admissibility—Confessions made by accused persons while in police custody and in the presence of police officials are inadmissible under Sections 24 to 26 of the Evidence Act—For admissibility under Section 27, the discovery must result directly from specific information provided by the accused, linking the disclosure to the object found—Recovery from open or accessible places without such specific disclosure is insufficient—In the instant case, the prosecution failed to establish the evidentiary link between the accused and the recovered items, and the overall chain of circumstantial evidence—including last seen theory, recovery of belongings of the deceased, and forensic results—was inconclusive&m...

A. Government Land—Illegal Encroachment—Eviction Proceedings—Petitioners challenged eviction notices issued for unauthorized occupation of government land—The Court directed them to submit individual representations along with documentary evidence to substantiate their claims—Petitioners failed to comply within the stipulated time—In the absence of any response or supporting material, the authorities were justified in proceeding with the impugned eviction notices. (Paras 5, 6, 12, 17) B. Land Policy, 2019—Clause 14.3—Settlement of Government Land—Discretion of the State—Mere possession of government land over time does not confer any automatic right to settlement—Under Clause 14.3 of the Land Policy, 2019, the decision to regularize occupation or grant settlement remains...

A. Muslim Women (Protection of Rights on Divorce) Act, 1986—Section 3(1)—Maintenance, Deferred Mehr, Return of Property—Claim by divorced Muslim woman for maintenance during and after iddat, deferred mehr, and return of dowry articles—Upon remand by the High Court for fresh consideration of "fair and reasonable provision," the Sessions Judge assessed Rs. 2,00,000/- as future maintenance and ordered return of dowry articles or equivalent value—Petitioner's plea of limited income as a daily labourer was rejected due to lack of timely or convincing evidence, including a belated income certificate—High Court upheld maintenance determination based on credible evidence of husband’s income from running a vehicle and motor parts shop, in light of wife’s needs and standard of living dur...

Criminal Procedure Code, 1973, Section 125—Protection of Women from Domestic Violence Act, 2005—Section 12—Interim maintenance—Overlapping jurisdictions—Petition against order of Magistrate granting ₹23,000/- as interim maintenance to wife and child in DV Case No.156/2023—Earlier, Family Court had already awarded ₹20,000/- under S.125 CrPC. Held, as per Rajnesh v. Neha, (2021) 2 SCC 324, wife must disclose previous maintenance orders, and subsequent courts must adjust/set-off amounts to prevent double benefit. Magistrate failed to consider the Family Court’s order and granted higher maintenance independently—Order dated 21.12.2024 set aside—Magistrate directed to reconsider interim maintenance afresh in accordance with Supreme Court guidelines. [Paras 12–18]  ...

A. Jurisdiction of High Court—Review Powers—High Court, as court of record, possesses inherent plenary powers to correct its errors, but review powers are limited by Order 47 Rule 1 and Section 114 CPC. Review is not a rehearing and only patent errors apparent on face of record can be corrected. (Paras 28–30) B. Review of Judgment—Grounds for Review—Review maintainable only for discovery of new important matter, mistake or error apparent on record, or other sufficient reason; not for re-argument, minor mistakes, or where alternative views exist—It is not an appeal in disguise. (Para 30) C. Doctrine of Merger—Applicability—Doctrine applies when higher court decides appeal on merits—Dismissal of Special Leave Petition (SLP) in limine does not invoke merger; however, considered dism...

A. Criminal Procedure Code, 1973—Sections 397 & 401—Revision—Setting Aside Conviction in Rape Case—Material inconsistencies in victim’s statements before police, magistrate, and trial court regarding the occurrence and disclosure of the incident—Such contradictions raise substantial doubt about the veracity of the prosecution case. (Paras 30, 31) B. Criminal Procedure Code, 1973—Section 161—Victim’s Statement to Police—Statement regarding sister-in-law's absence at the time of incident contradicted by trial court testimony stating she went to fetch water—Discrepancy weakens prosecution version. (Para 30) C. Criminal Procedure Code, 1973—Section 164—Statement to Magistrate—Victim's claim of reporting the incident to her elder brother&rsquo...

A. Penal Code, 1860—Section 304 Part I—Culpable Homicide Not Amounting to Murder—Accidental Discharge During Scuffle—Conviction unsustainable where evidence suggests firearm discharged during a scuffle without intent to cause death or grievous injury—Medical report indicates a single entry wound; ballistic report confirms functionality of firearm, but prosecution failed to prove intentional firing. (Paras 36, 37, 40, 44) B. Criminal Procedure Code, 1973—Section 374(2)—Appeal Against Conviction—Prosecution failed to establish beyond reasonable doubt that the appellant intentionally used the firearm—Conviction under Section 304 Part I set aside on grounds of lack of intent and reasonable doubt regarding cause of death. (Paras 43, 44) C. Penal Code, 1860—Section 304 Part I&mda...