PenalCode, 1860—Section 498A—A conviction cannot rest solely on dying declarations marred by serious infirmities, including doubts over the victim’s capacity to understand the language used, contradictory medical and witness testimony on her physical condition, and procedural lapses like lack of timely forwarding to court—When crucial prosecution witnesses, including the deceased’s parents and neighbours, turn hostile and offer no corroboration under Sections 498A or 302 IPC, the dying declarations must withstand strict scrutiny — failing which, the prosecution case collapses—Under Section 157 CrPC, unexplained delay in forwarding the FIR to the Magistrate further undermines credibility, raising concerns of ante-timing—Additionally, the accused’s conduct — sustaining burns w...

Criminal Investigation—Transfer to Independent Agency (COD/CBI)—Where serious allegations are levelled against serving police officers, including custodial assault, threats, filing false cases, and biased investigations in cross-cases, entrusting the probe to an independent agency like the Corps of Detectives (COD) is justified to ensure fairness, impartiality, and public confidence in the justice system—The High Court, exercising its jurisdiction under Article 226 of the Constitution, can order such transfer in rare and exceptional cases, particularly when accused officers are part of the investigating agency and credible apprehension of bias exists. Limitation Act, 1963—Section 5—Delay Condonation—Diligence Required—Police officers filing delayed appeals (368 and 404 days) challenging COD inv...

Penal Code, 1860—Sections 420, 177, 182—Cheating and False Information in Execution Proceedings—Where a party, during execution of a decree for property ‘B’, dishonestly identifies property ‘A’ (belonging to the complainant) as the decretal property and obtains its possession through court process, especially after post-decree amendment of the schedule to match property ‘A’, such conduct amounts to cheating under Section 420 IPC—Furnishing false information to the court Bailiff/Ameena during execution attracts Sections 177 and 182 IPC, involving deception of a public servant resulting in wrongful loss and gain—CrPC—Sections 195(1)(a), 156(3), 2(d)—Cognizance of Non-Cognizable Offences—Though Section 195(1)(a) bars cognizance of Sections 177 & 182 IPC e...

(A) Negotiable Instruments Act, 1881—Section 138—Revision petition challenging—Conviction and sentence—Dishonor of cheque—Trial Court found the accused guilty of not repaying a loan of Rs. 1 crore, supported by documents including a loan receipt and a dishonored cheque—The accused's defense was rejected, and he was convicted under Section 138 of the Negotiable Instruments Act, sentenced to pay Rs. 1,02,10,150, with Rs. 5,000 to the State—The First Appellate Court upheld this decision after a detailed review of evidence and admissions from the accused—A revision petition was filed challenging the conviction, raising the question of whether both courts erred in their findings and if the sentence warranted judicial intervention. (Paras 4, 5, 10, 19)  (B) Evidence—Burden o...

PenalCode, 1860—Section 363—An appeal against acquittal under Section 372 CrPC, the appellate court has full power to review and reconsider the evidence—However, interference with an acquittal is justified only when the trial court's findings are perverse, capricious, or result in a miscarriage of justice—In this case, the charge of kidnapping under Section 363 IPC failed as the victim denied being taken or enticed by the accused, and the parents' testimony lacked specific corroboration—Similarly, in the prosecution for sexual assault under Section 376 IPC and Section 6 of the POCSO Act, the victim turned hostile and denied the assault, weakening the case—The victim’s earlier statement recorded under Section 164(5) CrPC was not substantive evidence and could not solely support conviction w...

Contract Act, 1872—Section 208—Under Section 85 of the Indian Evidence Act, 1872, a notarized General Power of Attorney (GPA) carries a statutory presumption of due execution and authentication, shifting the burden of proof to the party challenging its validity—Mere denial or minor inconsistencies are insufficient to rebut this presumption without credible evidence—In a suit challenging GPA and consequential sale deeds, the initial burden lies on the plaintiff under Sections 101 and 102 to establish non-execution or fraud—However, when the GPA is duly notarized, the onus shifts, and failure to produce convincing proof weakens the challenge—As per Section 208 of the Contract Act, revocation of a GPA is ineffective against third parties unless communicated to them—Without evidence of service of canc...

Evidence Act, 1872—Section 85 and 57(6)—Power of attorney—Genuineness of—Presumption of due execution and authentication—When a power of attorney appears on its face to have been executed before and authenticated by a Notary Public, the Court must presume its due execution and authentication—The authentication by a Notary Public is deemed equivalent to an affidavit of identity—Every power of attorney executed before and authenticated by a Notary Public or other competent authority is required to be presumed as duly executed and valid unless proven otherwise. भारतीय साक्ष्य अधिनियम, 1872—धारा 85 व 57(6)—पावर ऑफ अटॉर्नी—प्रामाणिकता—निष्पादन एवं प्र�...

Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, Clause 5 mandates that applicants must first meet eligibility criteria, including possessing "suitable business premises," before priority considerations under Clause 6 can apply—In rural areas, where formal zoning may not exist, residential premises can be deemed suitable if they meet practical requirements for operating a Fair Price Depot—Clause 6 sets a state-wide priority system for granting authorizations, which applies regardless of whether a specific location is reserved for any category—An applicant from a higher priority category is entitled to precedence over others, provided eligibility under Clause 5 is met—There is a need for clearer guidelines on "suitable business premises" to avoid ambiguity and ens...

Advocates/Bar Associations—Elections—Reservation for Women—Mandatory Implementation Pursuant to Supreme Court Directions and Constitutional Principles—All Bar Associations in Karnataka, including District Bar Associations and those at High Court Benches, are mandatorily required to implement reservation for women in their elections, pursuant to binding directions of the Hon’ble Supreme Court—This includes reserving the post of Treasurer and ensuring a minimum of 30% representation for women in Governing Councils or Executive Committees—These directives, initially issued for SCBA, have been extended mutatis mutandis to all Bar Associations across the country—The Supreme Court’s orders, whether issued under Article 142 or otherwise, have binding force and supersede contrary procedural ob...

Criminal Procedure Code, 1973—Sections 227—The case discusses the legal principles surrounding the discharge of an accused under Sections 227 and 239 of the Criminal Procedure Code (CrPC), post-framing of charges, and the procedural limits on suo motu discharge by the trial court—The court held that once charges are framed and trial has begun, the trial court cannot discharge the accused under these sections, and any such discharge order, especially if issued suo motu after evidence has commenced, is illegal—The non-production of an original document, such as a TVCC report, does not automatically invalidate the charge sheet or warrant discharge, as secondary evidence may be permitted under the Evidence Act—Additionally, filing multiple charge sheets from a single FIR for distinct accused persons and periods i...