POCSO Act, 2012—Sections 5(l), 6—Consent of Minor Irrelevant—Sexual intercourse with a child below 18 years, even if seemingly consensual and arising out of a romantic relationship, constitutes aggravated penetrative sexual assault under Section 5(l) read with Section 6—The minor’s consent is legally immaterial, affirming the principle of statutory rape. IPC—Sections 366(A), 493—Procuration & Deceitful Cohabitation—Taking a minor girl away from the lawful custody of her parents, even if she elopes voluntarily, attracts Section 366(A)—Further, inducing her into believing in a lawful marriage through a ceremonial act (such as tying a ‘thali’), and cohabiting with her on that belief, constitutes an offence under Section 493 IPC. Evidence Act, 1872—Victim’...

Penal Code, 1860 (IPC)—Sections 300—Murder, Culpable Homicide, and Harassment under IPC and TNPWHA—In a case where the accused, after a quarrel with PW1, pursued her with a weapon and fatally attacked the deceased (PW1’s grandfather) upon his intervention, the court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC, as the intervention acted as grave provocation causing a loss of self-control—The cause of death, attributed to head injury complications, was confirmed by the post-mortem report, despite the delay in death—The non-production of interim medical records did not affect the causal link—Eyewitness testimony, including that of relatives and a neighbor, was deemed reliable as it was consistent and natural, occu...

Penal Code, 1860 (IPC)—Section 300—Appreciation of Evidence and Criminal Law under IPC and Evidence Act—In a murder trial, the testimony of eyewitnesses, including close relatives and neighbors, is deemed reliable when their presence at the scene is natural and their accounts are consistent and corroborated by other evidence—Minor contradictions or suggestions of bias by the defense do not undermine their credibility—A child witness, found competent by the court, can provide reliable testimony, particularly when supported by other eyewitnesses—The claim of grave and sudden provocation under Exception 1 to Section 300 IPC is rejected when there is evidence of premeditation and deliberate targeting of a vital area, such as a concealed weapon and incised wounds to the neck—The intention to cause deat...

Hindu Marriage Act, 1955—Section 13(1A)(ii)—The Civil Miscellaneous Appeal seeks to set aside the order in H.M.O.P.No.378 of 2018, where the trial court had dismissed the appellant's petition for divorce on the grounds of maintainability—The appellant, husband, filed for divorce citing the respondent’s failure to enforce the decree for restitution of conjugal rights granted in 2012, and alleging bigamous marriage—The trial court had wrongly stated that the appellant should have restored his earlier petition for divorce under Order 9 Rule 9 of the Civil Procedure Code, instead of filing a fresh petition—The appellant’s claim was upheld, as the court found that the marriage was not consummated and had remained broken for over 16 years—The respondent failed to take legal steps to enforce th...

In service law, a recovery order for excess family pension paid to the widow of a deceased government servant, issued without a prior show cause notice or an adequate opportunity of hearing, violates the principles of natural justice and is liable to be quashed—The fact that the recovery order was made on the same day as an alleged consent letter from the pensioner does not validate the recovery if procedural fairness was not observed—Additionally, recovery of excess family pension, due to mistakes by the employer (such as incorrect fixation or misinterpretation of rules), is impermissible, particularly when no misrepresentation or fraud is attributed to the deceased employee or the pensioner—Recovery after a significant delay (over five years) is considered harsh, especially when it affects a widow dependent on the pens...

Land Assignment—Government Grants—Breach of Conditions—Limitation—Estoppel—Cancellation after Long Delay Invalid: Cancellation of land assignments by the State for breach of conditions (such as alienation) must adhere to the principle of reasonable time, even in the absence of a prescribed limitation—As per G.O.Ms.No.2555, Revenue Department dated 14.05.1973, cancellations of assignments made prior to the said G.O. must be initiated within three years—The G.O. applies prospectively and does not permit indefinite power to cancel—Where cancellation is attempted after decades, particularly when third-party rights have intervened, revenue records have been mutated, and pattas issued to subsequent purchasers, such belated action is invalid due to unreasonable delay—Additionally, State autho...

A decree passed by a competent Civil Court declaring title to land, even against a predecessor State (like Travancore), is binding on the revenue and settlement authorities of the successor State (Tamil Nadu)—Under the Tamil Nadu [Transferred Territory] Ryotwari Settlement Act, 1964, authorities cannot ignore or override the findings and declarations of title made in a prior civil suit—The Act’s scope pertains primarily to survey and ryotwari settlement, not to re-adjudicating title already settled by a court—An order by the Special Commissioner of Land Administration rejecting a claim for patta, classifying the land as ‘poramboke’ despite a prior binding decree declaring it private patta land, is without jurisdiction and liable to be quashed—Further, estoppel by conduct applies where the governme...

Evidence Act, 1872—Sections 25—This Criminal Appeal challenges the acquittal order passed in S.C. No. 552 of 2016, dated 13.12.2019, by the IV Additional District Court, Madurai—The appeal was filed by P.W.1, the son of the deceased, Lakshmi Devi, who was found murdered in her house on 25.07.2015—The prosecution’s case relied on circumstantial evidence, including confessions and recoveries from the accused—However, the trial court acquitted the accused, citing doubts over the credibility of witness testimonies and the reliability of evidence, such as the recovery of jewels and cash from the accused, which lacked corroboration—Additionally, inconsistencies were found in the testimonies, particularly regarding the communication of the deceased’s death—The prosecution failed to establish ...

Penal Code, 1860—Section 302—The High Court dismissed the criminal appeal filed against the conviction and sentence under Section 302 IPC, confirming the trial court’s judgment—The case arose from the fatal stabbing of the deceased, Suriyakumari, by the accused following a failed illicit relationship and repeated refusals by the deceased to accompany him—The prosecution’s case was supported by eyewitnesses, especially PW1 (sister of the deceased) and PW3 (astrologer), whose testimonies were corroborated by medical and forensic evidence—Though the defence challenged PW1’s presence, her account was supported by independent witnesses, material evidence, and medical findings—The Court rejected the defence claim of procedural lapses, including delayed FIR and non-examination of certain witn...

Tamil Nadu Government Servants (Conditions of Service) Act, 2016—Section 3(j)—The Tamil Nadu Public Service Commission (TNPSC) appealed a court ruling that directed them to consider ex-servicemen for Group II A posts based on merit, despite their prior appointment to Group IV services—The ex-servicemen had applied for both Group II A and Group IV positions under separate notifications, joining Group IV before the release of Group II A results—The court's key issue was whether ex-servicemen in Group IV could claim the same eligibility concession for Group II A—The court held that eligibility for the concession should be determined at the time of application, not after recruitment—Denying the ex-servicemen consideration for Group II A was deemed contrary to the intent of the law—The court dismis...