Indian Penal Code, 1860 (45 of 1860), Section 304-B – Indian Evidence Act, 1872 (1 of 1872), Section 113-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Dowry death – Regular bail to mother-in-law – Deceased died an unnatural death within seven years of marriage – As per allegations in the FIR itself on the day of death, the petitioner had informed the complainant about the deceased having locked herself inside the room – After the occurrence the in-laws had shifted the deceased to the hospital – Whether in the facts and circumstances of the case the presumption u/s 113-B of Evidence Act is attracted or not would be subject to the outcome of the trial – Out of total 17 prosecution witnesses, 3 witnesses have been examined – Petitioner ordered to be enlarged on bail.

(Para 1,7)

Indian Penal Code, 1860 (45 of 1860), Sections 304-B, 120-B, 302, 406 – Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 439 -- Murder – Dowry death – Regular bail to mother-in-law -- Petitioner is the mother-in-law of the deceased and is in custody for a period of 01 years, 08 months and 27 days -- It will be debatable and moot point during the course of trial as to whether it was a case of ante-mortem strangulation or suicidal hanging -- Out of 25, examination-in-chief of only one witness has been recorded and thereafter, an application u/s 319 Cr.P.C has been moved -- Conclusion of trial is likely to take some time and no fruitful purpose will be served by detaining the petitioner in further custody -- Petitioner ordered to be released on bail.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 304-B, 406, 302, 34, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 378 -- Conviction u/s 306 IPC -- Appeal by complainant seeking conviction for dowry death/ murder -- A young girl expired in less than 02 years after her marriage by suicide -- The mental state of the father can very well be imagined -- However, this alone would not be sufficient to put the blame on respondents No.2 and 3 (husband and mother-in-law) and to fasten criminal liability, the prosecution would be required to prove its case against them beyond reasonable doubt – No complaint was ever made to any authority with regard to the torture being meted out to deceased, no Panchayat was ever convened and no other step was taken – Showed feigned ignorance in cross-examination about her medical condition which was disclosed by DW1/ Doctor, as per whom deceased remained admitted in hospital till 27.07.2018 on account of pregnancy in her fallopian tube for which she had to undergo surgery -- Expenses for the surgery were borne by respondent No.3 and his family -- The ld. trial Court, therefore, rightly came to the conclusion that the ingredients of Sections 304-B or 302 IPC and even those of Sections 406 and 498-A IPC did not stand fulfilled – No perversity in the view taken by the trial Court either on facts or on law and the impugned judgment is well reasoned -- It is now well settled that Courts have to be extremely careful while hearing appeals against acquittal and the judgments of acquittal should not be interfered with lightly – Appeal dismissed.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Dowry death – Regular bail to husband -- Marriage in May, 2014, wife committed suicide on 4th March, 2021 – In FIR allegations pertaining to harassment caused to the deceased on account of demand of dowry -- Material witnesses examined -- Two minor children are with the grandparents -- Allegations regarding demand of dowry are general in nature -- In the cross-examination, complainant deposed that he did not remember any specific date of harassment caused or demand of dowry made – No cash and vehicle was given in the marriage -- Out of 15 prosecution witnesses, 03 witnesses examined -- Nothing on record to show that the petitioner has any criminal antecedents -- Court cannot ignore the fact that there are two minor children whose future is also at stake – Bail allowed.

(Para 7, 8)

A. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 19(1), 21, 27 – Reporting of offence -- Prompt and proper reporting of is of utmost importance -- Its failure on coming to know about the commission of any offence thereunder would defeat the very purpose and object of the Act -- Medical examination of the victim as also the accused would give many important clues in a case that falls under the POCSO Act – Clothes of the parties would also offer very reliable evidence in cases of rape – If it was committed by an unknown person, it would also enable the investigating agency to commence investigation without wasting time and ultimately to secure the arrest and medical examination of the culprit – Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault -- A conjoint reading of Sections 19(1) and 21 of POCSO Act, such persons are also liable to be proceeded with, in accordance with law.

(Para 15, 22)

B. Indian Evidence Act, 1872 (1 of 1872), Section 45 – Medical evidence in sexual offences -- In relation to sexual offences medical evidence has much corroborative value.

(Para 15)

C. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- POCSO case – Quashing of FIR and charge-sheet – Inherent power u/s 482 Cr.P.C. -- If FIR and the materials collected disclose a cognizable offence and the final report filed u/s 173(2), Cr.P.C. on completion of investigation based on it would reveal that the ingredients to constitute an offence under the POCSO Act and a prima facie case against the persons named therein as accused, the truthfulness, sufficiency or admissibility of the evidence are not matters falling within the purview of exercise of power under Section 482 Cr.P.C. and undoubtedly they are matters to be done by the Trial Court at the time of trial.

(Para 18)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 161, 164 -- Indian Evidence Act, 1872 (1 of 1872), Section 145, 157 – Evidential value of statement u/s 161,  164 Cr.P.C. – Statements recorded u/s 161 Cr.P.C. are inadmissible in evidence and its use is limited for the purposes as provided under Sections 145 and 157 of the Indian Evidence Act, 1872 -- As a matter of fact, statement recorded under Section 164, Cr.P.C. can also be used only for such purposes.

(Para 20)

Indian Penal Code, 1860 (45 of 1860), Section 375 -- Indian Penal Code, 1860 (45 of 1860), Section 375 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 164-A, 173 – Constitution of India, Article 142 -- Rape case Guidelines -- Supreme Court in case of State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna, (2014) 8 SCC 913 exercising powers under Article 142 of the Constitution issued interim directions in the form of mandamus to all the Police Stations-in-Charge in the entire country to follow:

“10.1. Upon receipt of information relating to the commission of offence of rape, the investigating officer shall make immediate steps to take the victim to any Metropolitan/preferably Judicial Magistrate for the purpose of recording her statement under Section 164 CrPC. A copy of the statement under Section 164 CrPC should be handed over to the investigating officer immediately with a specific direction that the contents of such statement under Section 164 CrPC should not be disclosed to any person till charge-sheet/report under Section 173 CrPC is filed.

10.2. The investigating officer shall as far as possible take the victim to the nearest Lady Metropolitan/preferably Lady Judicial Magistrate.

10.3. The investigating officer shall record specifically the date and the time at which he learnt about the commission of the offence of rape and the date and time at which he took the victim to the Metropolitan/preferably Lady Judicial Magistrate as aforesaid.

10.4. If there is any delay exceeding 24 hours in taking the victim to the Magistrate, the investigating officer should record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate.

10.5. Medical examination of the victim : Section 164-A CrPC inserted by Act 25 of 2005 in CrPC imposes an obligation on the part of investigating officer to get the victim of the rape immediately medically examined. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 CrPC.”

Supreme Court gave suggestion to every High Court that the appropriate modifications/amendments be made to the Criminal Practice/Trial Rules incorporating provisions consistent with the directions issued in the decisions in Shivanna’s case (2014) 8 SCC 913.

(Para 1-7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Summoning of additional accused -- Power of Court -- Power u/s 319 Cr.P.c. is discretionary and extra ordinary, which is to be exercised very sparingly only when strong and cogent evidence has been led against a person, who is sought to be summoned -- Court must be satisfied from the evidence collected during the enquiry or in the trial that the person sought to be summoned as an additional accused has committed an offence for which he deserves to be tried alongwith already arraigned accused.

(Para 7)

B. Indian Penal Code, 1860 (45 of 1860), Section 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 3, 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – POCSO matter -- Rape -- Summoning of additional accused – In the complaint there is no allegation whatsoever against MK (sister of main accused/ JS) – Only reference in the FIR is that MK is the sister of JS and she used to talk with the prosecutrix on phone -- In the statement recorded u/s 164 of the Code, the prosecutrix stated that MK used to say that she wants that the prosecutrix should become her Bhabi (sister-in-law), and that the prosecutrix revealed about the incident to MK but she assured her that there is nothing to worry as JS would get married to her -- However, in her deposition, the prosecutrix has stated that, it was MK, who had called her on phone and forced her to accompany them on a trip, but when she reached the hotel, she found that MK was not present there – It is evident that there is a consistent change in the version of the incident by the prosecutrix to enmesh the sister of JS in the criminal case -- Parameters laid down by the Supreme Court in Hardeep Singh’s case (2014) 3 SCC 92 and Manjeet Singh’s case 2021 SCC Online 632 are not fulfilled and the order passed by the Trial Court declining the application for summoning MK does not call for any interference -- Petition dismissed.

(Para 8-10)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 34, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 3, 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO matter – Rape – Regular bail -- Prosecutrix went missing from home on 10.01.2021 and was recovered on 25.01.2021 -- Petitioner is behind bars from 25.01.2021 -- Out of 17 prosecution witnesses, 10 examined including the complainant and the victim -- Nothing on record to show that the petitioner has any criminal antecedents -- Allegations in the FIR by father that there were friendly relations between the petitioner and the victim which were not acceptable to them -- Trial of the case will take sufficient long time -- Petition allowed, petitioner ordered to be released on bail.

(Para 6, 7)

A. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 7, 8, 9, 11 -- Indian Penal Code, 1860 (45 of 1860), Sections 354A(1)(i),(ii) & (iv), 354 A-(2) and 354-A(3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 438 -- POCSO matter – Anticipatory bail –While granting bail High court observed “… Though on the one side, there is a possibility of such hugs and kisses being manifestations of affection by an uncle, one cannot ignore the possibility of such show of 'affections' being coloured by sexual overtones. However, those are all matters for investigation.” – Held, observations made are totally unwarranted and have been made overlooking the specific allegations contained in the FIR, duly supported with the Statement of the victim-girl child u/s 164 of the Code – High Court ought not to have exercised its jurisdiction in granting protection against arrest, as the Investigating Officer deserves free-hand to take the investigation to its logical conclusion.

(Para 10, 11)

B. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 7, 8, 9, 11, 29 -- Indian Penal Code, 1860 (45 of 1860), Sections 354A(1)(i),(ii) & (iv), 354 A-(2) and 354-A(3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- POCSO matter – Anticipatory bail –Victim-girl is traumatized to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a Court from exercising its discretionary jurisdiction in granting pre-arrest bail.

(Para 12)

C. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 7, 8, 9, 11, 29 -- Indian Penal Code, 1860 (45 of 1860), Sections 354A(1)(i),(ii) & (iv), 354 A-(2) and 354-A(3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- POCSO matter – Anticipatory bail -- Charge-sheet filed -- It will be unfair to presume that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation.

(Para 14)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 438 -- Anticipatory bail – Custodial interrogation -- In many anticipatory bail matters, one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted -- There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail -- Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail.

(Para 15)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 438 -- POCSO matter – Anticipatory bail – Prima facie case – Nature of offence -- Custodial interrogation -- There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail -- First and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused -- Thereafter, the nature of the offence should be looked into along with the severity of the punishment -- Custodial interrogation can be one of the grounds to decline anticipatory bail -- However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.

(Para 15

F. Binding precedent – Judgment of Co-ordinate Bench of High Court --  Decision of the Kerala High Court rendered in the Joy’s case (2019) 1 KLT 935 deals with Section 29 of the POCSO Act -- When the learned Judge decided the anticipatory bail application, the decision of the coordinate Bench in the case of Joy was binding to him -- He could not have ignored a binding decision -- It is a different thing to say that if he may disagree with the view taken and accordingly refer it to a larger Bench.

(Para 16)

Indian Penal Code, 1860 (45 of 1860), Section 498A, 120B, 323, 324 -- Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – FIR in matrimonial dispute --Anticipatory bail – Condition of ad-interim compensation of Rs.10 lacs in favour of wife – Legality of – Held, no reasonable justification for the High Court to call upon the appellant to submit a demand draft of Rs.10 lakhs in availing the benefit of pre-arrest bail -- Appeal allowed and the order passed by the High Court directing the appellant to deposit a Demand Draft of Rs. 10 Lakhs is hereby set aside.

(Para 2-7)

Indian Penal Code, 1860 (45 of 1860), Section 377, 511 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8, 12 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – POCSO matter -- Attempt to do unnatural offence – Regular bail -- Undoubtedly, petitioner is found involved in unnatural and shameful activity, though, could not fully succeeded in his malicious aim -- Still considering the fact that both the material witnesses i.e. victim and the complainant have already been examined and petitioner, who is said to be of 54 years of age, is not involved in any other similar shameful act in his past – Petitioner is inside jail for the last more than 07 months -- Court deemed appropriate to release the petitioner on bail.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – POCSO matter -- Rape – Compromise quashing of FIR -- Subsequent to the registration of the FIR and after attaining the age of majority, the petitioner has solemnized marriage with the victim/respondent no.3 -- FIR and all the consequential proceedings arising therefrom quashed, however, qua the petitioner.

(Para 1-3, 13)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 157(1) -- Delay in forwarding FIR to Magistrate -- Effect of -- Delay in forwarding the FIR may certainly indicate the failure of one of the external checks to determine whether the FIR was manipulated later or whether it was registered either to fix someone other than the real culprit or to allow the real culprit to escape -- While every delay in forwarding the FIR may not necessarily be fatal to the case of the prosecution, Courts may be duty bound to see the effect of such delay on the investigation and even the creditworthiness of the investigation.

(Para 61)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 157(1) -- Delay in forwarding FIR to Magistrate – Effect of -- Section 157(1) of the Code requires the officer-in-charge of the police station to send the FIR, “forthwith” -- Delay in transmission of the FIR to the court, may not, per se, be fatal, without anything more -- But in the case on hand, the delay was not small -- FIR said to have been registered on 08.03.2012 was received by the Court of the Chief Judicial Magistrate on 13.03.2012 -- It is true that no question was put in cross-examination to the Investigation Officer about this delay -- But the evidence of P.Ws. 1 to 3 is untrustworthy, particularly on the question of the origin and genesis of the first information report -- Therefore the inordinate delay in the FIR reaching the jurisdictional court assumes significance -- Word "forthwith' in Section 157(1) of the Code is to be understood in the context of the given facts and circumstances of each case and a straight-jacket formula cannot be applied in all cases -- But where ocular evidence is found to be unreliable and thus unacceptable, a long delay has to be taken note of by the Court.

(Para 61-66)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 157(1) -- Delay in forwarding FIR to Magistrate – Effect of -- Mandate of Section 157(1) of the Code being clear, the prosecution is expected to place on record the basic foundational facts, such as, the Officer who took the first information report to the jurisdictional court, the authority which directed such a course of action and the mode by which it was complied -- Explaining the delay is a different aspect than placing the material in compliance of the Code.

(Para 68)

D. Indian Penal Code, 1860 (45 of 1860), Section 302, 376 -- Rape with Murder – Medical examination of accused – Requirement of -- In cases where the victim of rape is alive and is in a position to testify in court, it may be possible for the prosecution to take a chance by not medically examining the accused -- But in cases where the victim is dead and the offence is sought to be established only by circumstantial evidence, medical evidence assumes great importance -- Failure of the prosecution to produce such evidence, despite there being no obstacle from the accused or anyone, will certainly create a gaping hole in the case of the prosecution and give rise to a serious doubt on the case of the prosecution -- Section 53A enables the prosecution to obtain a significant piece of evidence to prove the charge -- Failure of the prosecution in this case to subject the appellant to medical examination is certainly fatal to the prosecution case especially when the ocular evidence is found to be not trustworthy -- Failure to obtain the report of the Forensic Sciences Laboratory on the blood/semen stain on the salwar worn by the victim, compounds the failure of the prosecution.

(Para 80)

E. Indian Penal Code, 1860 (45 of 1860), Section 302, 376 -- Rape with Murder – Scrutiny of evidence – Acquittal of accused -- When the offence is heinous, the Court is required to put the material evidence under a higher scrutiny -- Sufficient care has not been taken in the assessment of the statements made by P.Ws. 1 to 3 by Trail Court and High Court -- No one spoke as to who sent the FIR to the court and when it was sent -- Strangely even the copy of the post-mortem report was admittedly received by SHO on the 13.03.2012 though the post mortem was conducted on the 09.03.2012 -- It was the same date on which the FIR reached the Court -- These factors certainly create a strong suspicion on the story as projected by the prosecution – By fixing culpability upon the appellant without any shred of evidence which will stand the scrutiny, the prosecution has done injustice to the appellant -- Court cannot make someone, a victim of injustice, to compensate for the injustice to the victim of a crime -- Appellant is so poor that he could not afford to engage a lawyer even in the Sessions Court, service of an advocate was provided as amicus -- In cases of such nature, the responsibility of the Court becomes more onerous – Court not convinced that the guilt of the appellant stood established beyond reasonable doubt -- Appeals allowed and the conviction and penalty are set aside -- Appellant shall be released forthwith if not wanted in connection with any other case.

(Para 83-85)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Recalling of witness -- In case the evidence sought to be brought on record is essential to the issue involved, the powers u/s 311 Cr.P.C. must be invoked.

(Para 1, 11)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Indian Penal Code, 1860 (45 of 1860), Section 376, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Rape -- Recalling of witness – In cross-examination of the victim no question was put regarding the charge against the accused -- Though, change of counsel in a case cannot always be ground for recalling and re-examination of witness, more so, in cases of sexual offences, however, the facts and circumstances of each case have to be appreciated before deciding an application u/s 311 Cr.P.C.

(Para 12)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Indian Penal Code, 1860 (45 of 1860), Section 376, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6, 33(5) – Rape -- Recalling of witness – Bar under 33(5) of POCSO Act -- Issue concerning determination of the age of the victim as well as cross-examination of the victim regarding the allegations leveled against the accused is essential, as only that can unfold the truth -- Fair trial demands that opportunity to defend the accused be afforded -- Section 33(5) cannot be read alone, as a balance of rights u/s 33(5) and Section 311 Cr.P.C. needs to be maintained -- Right to fair trial as well as the bar under Section 33(5) both need to be looked into while deciding such application, depending upon facts of each case – It is not a case of the prosecution that the witness has been repeatedly called for cross-examination -- Application moved on the first available opportunity to the accused/ applicant who, was in judicial custody -- Application u/s 311 Cr.P.C. allowed.

(Para 16-21)

A. Indian Penal Code, 1860 (45 of 1860), Section 376 -- Rape -- Onus of proof -- In a case of grave charge of rape, the onus always lies on the prosecution to prove each of the ingredients of the offence, it seeks to establish and the onus never shifts.

(Para 5)

B. Indian Penal Code, 1860 (45 of 1860), Section 376, 452 – Code of Criminal Procedure, 1973 (2 of 1974), Section 378(3) -- Rape – Acquittal – Leave to appeal -- Victim alleged that the accused-respondent had gagged her mouth and had torn her clothes before committing the rape upon her -- Victim was a rustic and stoutly built lady and was well nourished -- It was at around 04.30 AM and normally in villages, it is the time for the villagers to wake up -- It is equally unbelievable that the accused-respondent would have sneaked in the house of the victim at such an hour without the consent of the victim -- Moreover, the victim was a grown up married lady and could not only have resisted his move, but could have also raised an alarm -- Victim did not suffer any injury -- Evidence led by the defence makes out that the victim was not having good relations with her husband but had shared a very close and intimate relationship with the respondent -- Father and husband of the victim were sleeping just adjoining the court-yard -- Even where the rape was allegedly committed, her children were sleeping and the story put forth by the prosecution appears to be doubtful – Acquittal order upheld.

(Para 6-11)

Indian Penal Code, 1860 (45 of 1860), Sections 498A, 323, 354, 506, 509 – Indian Evidence Act, 1872 (1 of 1872), Section 45 – FIR in matrimonial dispute – DNA profiling of children – Permissibility of -- Blood sampling of the children was directed, who were not parties to the proceeding nor were their status required to be examined in the complaint -- This raised doubt on their legitimacy of being borne to legally wedded parents -- Section 112 of the Evidence Act, also gives a protective cover from allegations of this nature -- Paternity of the children was not in question in the subject-proceeding -- Held, merely because something is permissible under the law cannot be directed as a matter of course to be performed particularly when a direction to that effect would be invasive to the physical autonomy of a person -- Such direction would violate the privacy right of the persons subjected to such tests and could be prejudicial to the future of the two children who were also sought to be brought within the ambit of the Trial Court’s direction – Appeal allowed, Order of the Trial Court and High Court set aside.

(Para 6-11)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 341, 342, 376(D) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 4, 8 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(4)(w)(i) – POCSO matter – Regular bail – Ad-interim compensation as a ground -- High Court not adverted to the parameters of Section 439 Cr.P.C. which are required to be observed while granting or declining regular bail to an accused, especially when he is involved in a heinous crime -- Offer of payment of ad interim compensation to the victim cannot be a ground to release the accused on bail -- Impugned order set aside, High Court requested to hear and dispose of the bail application on merits within a period of three months -- Respondent ordered to be taken into custody and bail bond cancelled.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Sections 377, 354, 406, 498A, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Unnatural offence – Matrimonial dispute – Compromise quashing of FIR – Where settlement has taken place, even the offence u/s 377 IPC can be compromised and FIR can be quashed as parties have to move ahead in life -- Offence u/s 354 IPC also allowed to be quashed to put an end to all bickering between the parties and allow them to begin a new chapter of their lives -- FIR for offences under Sections 406/498A/354/377/34 IPC and the proceedings emanating therefrom quashed.

(Para 1, 6)

A. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 7, 8 -- Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 – POCSO case – Age of victim – Determination of – Stage of case -- Proof or determination of age of the victim in a POCSO case is foundational and for such an important issue, the same can be raised at any stage of the lifetime of the case, even before the appellate forum -- Impugned judgment and sentence set aside and quashed -- Matter remanded to the court of the learned Special Judge (POCSO), to determine the age of the victim and to pass the final order upon appreciation of evidence under the changed circumstances.

(Para 15-21)

B. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 7, 8 -- Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 – Age of the victim – Determination of -- Nothing on record to indicate the actual age of the victim either by medical or documentary evidence -- Special Court directed to take up the exercise of determination of the age of the victim in accordance with Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 and to allow the parties to produce relevant documents, examine and cross-examine the witnesses and to be heard on the issue and thereafter to decide on the issue.

(Para 16-19)

Indian Penal Code, 1860 (45 of 1860), Section 376, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – Consensual relationship – Quashing of FIR -- Parties chose to have physical relationship without marriage for a considerable period of time -- For some reason, the parties fell apart -- It can happen both before or after marriage -- Thereafter also three years passed when respondent No.2 decided to register a FIR -- Facts are so glaring as set out aforesaid that the court have no hesitation in quashing the FIR and bringing the proceedings to a close.

(Para 4)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 220 – Joint trial for more than one offence – One series of act -- Same transaction -- While pointing out that the question as to whether a series of acts are so connected together as to form the same transaction is purely a question of fact -- Core elements like proximity of time, unity or proximity of place, continuity of action and community of purpose or design, which are of relevant considerations and when these factors are applied to common sense and ordinary use of language, the vexed question of ‘same transaction’ could be reasonably determined.

(Para 20.3)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 220 – Indian Penal Code, 1860 (45 of 1860), Section 504, 506, 376 – Rape – Threat and abuses – Joint trial for more than one offence – One series of act – Same transaction -- Alleged acts of sexual relationship took place at Delhi in the months of February and March, 2016 -- Other alleged acts of hurling abuses and extending threats in or around the month of November, 2016, which the appellant received over telephone at her village in Chamoli (Uttarakhand) – Acts in question were neither proximate in time nor proximate in place; they were not of continuity either -- No allegation of such an activity having continued later or having taken place at Chamoli or even any threat having been extended to the appellant to again submit to such an activity -- Alleged offence u/s 376 IPC and the other offences u/s 504 and 506 IPC do not fall within the ambit of ‘one series of acts so connected together as to form the same transaction’ for the purpose of trial together in terms of Section 220 CrPC -- Thus, the learned Sessions Judge, had rightly discharged the accused-respondent No. 2 of the offence under Section 376 IPC for want of territorial jurisdiction.

(Para 22.1-25)

C. Constitution of India, Article 20(2) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 300 – Acquittal of accused -- Double jeopardy – Accused having gone through the trial in relation to offences u/s 504 and 506 IPC and having been acquitted, cannot be subjected to another trial for the same charges on the same facts -- Any such process would be in blatant disregard of the settled principles which disapprove double jeopardy and are precisely contained in Article 20(2) of the Constitution of India as also Section 300 of the Code of Criminal Procedure, 1973.

(Para 24.2.1)

Indian Penal Code, 1860 (45 of 1860), Sections 120-B, 376-D, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Gang rape – Regular bail -- Petitioner is approximately 18 years whereas the age of prosecutrix is 28 years, who is also the paternal aunt of the petitioner – Petitioner was arrested on 24.07.2021 and is in custody since then – Main witness has already been examined whereas nine other prosecution witnesses are yet to be examined -- Keeping in view the fact that the trial is not likely to be concluded in near future and the petitioner is in custody since 24.07.2021, the petition allowed and the petitioner ordered to be released on regular bail.

(Para 2-7)

Indian Penal Code, 1860 (45 of 1860), Section 376 (2) (n) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 4, 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- POCSO matter – Rape case -- Compromise quashing of FIR – Dispute amicably settled between the parties – In the event, the Court is satisfied that in order to secure the ends of justice, it should interfere under its inherent powers, it ought to do so -- Respondent no.2/ girl already attained the age of majority, has solemnized marriage with the petitioner and the couple is stated to be residing happily with each other and a male child has also been born from the wedlock -- Possibility of conviction also become remote and bleak and continuation of criminal case will cause injustice not only to the petitioner but also to respondent No.2, who is now legally wedded wife of the petitioner -- FIR quashed.

(Para 5-13)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 365, 452, 366, 506 -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 3(i), 101(3)(a) -- Constitution of India, Article 226 -- Acquittal of juvenile in rape case – Criminal writ petition against -- Place of occurrence i.e. the shop of the accused is situated in a public place, however, as per the deposition of the victim she was forcibly taken from her home to the shop by forcibly making her to sit on the motorcycle of the accused is also improbable as there was strong possibility of the family members coming to know of the same -- Besides this, the ocular version is not even medically corroborated beyond reasonable doubt -- Once the accused is acquitted there lies double the presumption of innocence in his favour -- Interference can be in a situation when there are perversities in the findings arrived at by the Trial Court -- If there are two views possible then the one favouring the accused should be adopted -- Keeping in view the overall facts and circumstances of the case and evidence adduced on record on the anvil of the law settled, Court finds no infirmity in the conclusion arrived at by the learned Juvenile Justice Board in acquitting the accused -- Petition dismissed.

(Para 6-8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 446A -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 34, 120-B, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 – Absence from trial – Non-bailable warrants – Anticipatory bail -- Petitioner had been regularly appearing before the trial Court and it was only on one occasion he absented and even his bail bonds have not been cancelled or forfeited to the State -- Keeping in view that there is only a single date default, petitioner is directed to put in appearance before the trial Court within ten days from today and on his doing so he shall be released on bail on old bail bonds to the satisfaction of the trial Court.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(n), 450, 452, 506 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape case – Regular bail -- Complicity of the petitioner in the offence would remain subject matter of debate before the Trial Court and the petitioner, who is in custody for the last more than 10 months would be entitled to be released on bail as 14 prosecution witnesses are yet to be examined -- Without delving into the merits or demerits, petition allowed and the petitioner ordered to be released on bail.

(Para 3-8)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Inherent power u/s 482 of Cr.P.C – Scope of – Power is not to be invoked as a matter of routine but to prevent the abuse of process of Court and to secure ends of justice -- This section gives the power to High Court to entertain applications which are not contemplated in the Code of Criminal Procedure, in the event, it is felt that the ends of justice will require that the Court can invoke the extraordinary powers which are to be exercised with restraint and not lightly -- In the event, the Court is satisfied that in order to secure the ends of justice, it should interfere under its inherent powers, it ought to do so.

(Para 7)

B. Indian Penal Code, 1860 (45 of 1860), Sections 376, 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape case – Compromise quashing of FIR -- Respondent no.2/girl has already attained the age of majority, has solemnized marriage with the petitioner and the couple is stated to be residing happily with each other -- In such circumstances, the possibility of conviction also become remote and bleak and continuation of criminal case will cause injustice not only to the petitioner but also to respondent No.2/girl, who is now legally wedded wife of the petitioner -- As such, it is a fit case for exercising the inherent jurisdiction u/s 482 of the Code, so as to secure the ends of justice -- Continuation of the prosecution would result in sheer abuse of process of law -- FIR qua the petitioner quashed.

(Para 8-12)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- Indian Penal Code, 1860 (45 of 1860), Section 376(2)n -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO matter – Rape case-- Regular bail – Petitioner is behind bars since 16.01.2020 -- Alleged occurrence took place in July, 2019 whereas, the present FIR has been lodged on 16.01.2020 -- Though the victim has supported the case of the prosecution, however, out of total 18 prosecution witnesses, 11 witnesses including all the material witnesses already stand examined -- Thus, the chances of tampering with the prosecution witnesses by the petitioner definitely does not survive any more -- Petitioner has no criminal antecedents -- Trial will take sufficient long time -- Veracity of the allegations would be assessed after conclusion of the trial and on the appreciation of the evidence -- Petition allowed, petitioner ordered to be released on bail.

(Para 7, 8)

A. Indian Penal Code, 1860 (45 of 1860), Section 498-A, 304-B -- Indian Evidence Act, 1872 (1 of 1872), Section 32(1) – Acquittal u/s 304-B IPC – Conviction u/s 498-A IPC -- Dying declaration – Reliance upon – Test for admissibility is not that the evidence to be admitted should directly relate to a charge pertaining to the death of the individual, or that the charge relating to death could not be proved -- Rather, the test appears to be that the cause of death must come into question in that case, regardless of the nature of the proceeding, and that the purpose for which such evidence is being sought to be admitted should be a part of the ‘circumstances of the transaction’ relating to the death -- In some circumstances, the evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498A of the IPC u/s 32(1) of the Evidence Act -- However, certain necessary pre-conditions that must be met before the evidence is admitted -- The first condition is that her cause of death must come into question in the matter, however the charge relating to death is proved or not is immaterial with respect to admissibility -- The second condition is that the prosecution will have to show that the evidence that is sought to be admitted with respect to Section 498A of the IPC must also relate to the circumstances of the transaction of the death -- How far back the evidence can be, and how connected the evidence is to the cause of death of the deceased would necessarily depend on the facts and circumstances of each case.

(Para 11, 17-22)

B. Indian Penal Code, 1860 (45 of 1860), Section 498-A – Indian Evidence Act, 1872 (1 of 1872), Section 136, 137 -- Mental cruelty -- Deceased’s wife was being harassed is clear from the evidence of PW-3 (mother of the deceased) -- She had specifically stated in her chief-examination that within few days of their marriage, the appellant brought the deceased back to her parental home with the threat that if extra dowry was not given, he would leave her and marry another “beautiful” girl -- As a result of such harassment, the deceased allegedly attempted suicide for the first time by consuming poison -- While she was being treated in the hospital, a settlement was reached between the parties, to which appellant was also a part, wherein it was agreed that no further demands for dowry would be made -- Further, it was stated by PW-3 in her chief-examination that even after the settlement, the appellant had continued to illtreat the deceased -- Deceased, due to the ill-treatment faced by her had ultimately committed suicide by hanging herself with a saree -- Conviction of the appellant u/s 498A of the IPC and sentencing him to undergo rigorous imprisonment for one year, upheld.

(Para 25, 26)

C. Indian Evidence Act, 1872 (1 of 1872), Section 136, 137 -- Interested witness – Evidence by mother of the deceased – Value of -- It is a settled principle of law that the evidence tendered by the related or interested witness cannot be discarded on that ground alone -- However, as a rule of prudence, the Court may scrutinize the evidence of such related or interested witness more carefully.

(Para 26)

A. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 2(f), 12, 29 -- Domestic violence case – Alternative remedy – Inherent powers of High Court -- High Court would have the jurisdiction to entertain a petition u/s 482 of the Code and the statutory remedy of appeal under the DV Act would not be an embargo in exercise of such power.

(Para 6-7)

B. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 2(f), 12 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Domestic relationship -- Domestic violence case against in-laws – Maintainability of – Quashing under inherent power of High Court --  Allegations leveled may attract the offences under the IPC, but in order to invoke the jurisdiction under the DV Act, it is necessary that the parties should be in a “domestic relationship” as defined under Section 2 (f) of the DV Act -- Tone and toner of the complaint shows that the primary allegation by the respondent is against her husband -- Occasional visit by the petitioners to the matrimonial house of the respondent would not bring it within the four corners of the definition of domestic relationship or shared household -- Petitioners, both of whom are more than 75 years of age, do not have any domestic relationship nor have they lived together in a share household with the respondent and the institution of the complaint against them under the provisions of the DV Act is an abuse of the process of law and the same deserves to be set aside -- Accordingly, the petition allowed -- Complaint u/s 12 of the DV Act as well as all proceedings arising therefrom are quashed qua the petitioners.

(Para 9-11)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(1) -- Cancellation of bail -- Supreme Court would be loath to interfere with an order passed by the Court below granting bail but if such an order is found to be illegal or perverse or premised on material that is irrelevant, then such an order is susceptible to scrutiny and interference by the Appellate Court -- Some of the circumstances where bail granted to the accused under Section 439 (1) of the Cr.P.C. can be cancelled are enumerated below: -

a) If he misuses his liberty by indulging in similar/other criminal activity;

b) If he interferes with the course of investigation;

c) If he attempts to tamper with the evidence;

d) If he attempts to influence/threaten the witnesses;

e) If he evades or attempts to evade court proceedings;

f) If he indulges in activities which would hamper smooth investigation;

g) If he is likely to flee from the country;

h) If he attempts to make himself scarce by going underground and/or becoming unavailable to the investigating agency;

i) If he attempts to place himself beyond the reach of his surety.

j) If any facts may emerge after the grant of bail which are considered unconducive to a fair trial.

Aforesaid list is only illustrative in nature and not exhaustive.

(Para 24)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(1) -- Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(n), 506 -- Rape case -- Cancellation of bail -- High Court granted bail on sole ground of delay on the part of the appellant/complainant in lodging the FIR -- Criminal antecedents of the respondent No.2 were brought to the notice of the High Court by the appellant/complainant and State has also confirmed that he is involved in at least four criminal cases – After bail, photographs appearing in the social media with his snapshots prominently displayed on posters/ hoarding in the forefront with the faces of some influential persons of the society in the backdrop, welcoming him with captions like “Bhaiyaa is back”, “Back to Bhaiyaa”, and “Welcome to Role Janeman” -- Brazen conduct of the respondent No.2 has evoked a bona fide fear in the mind of the appellant/complainant that she would not get a free and fair trial and that there is a likelihood of his influencing the material witnesses -- Representation by appellant’ father to the Superintendent of Police expressing the very same apprehension – Held, respondent No. 2 does not deserve the concession of bail -- Impugned order quashed -- Respondent No. 2 directed to surrender.

(Para 26-31)

Indian Penal Code, 1860 (45 of 1860), Section 354-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Sexual harassment case -- Quashing of FIR – Compromise between parties -- FIR is an outcome of a petty dispute, which has been settled -- Perusal of the allegations levelled in the FIR shows that the ingredients of Section 354-A, IPC are not fulfilled -- As the parties have decided to bury the hatchet, continuation of the criminal proceedings would be an exercise in futility and the same deserve to be set aside – Petition allowed.

(Para 9)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(N), 506, 328, 34 (Sections 313, 406, 366 were added later on and Section 34 was deleted) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case -- Second regular bail application – Investigation Officer deposition took place – Prima facie, appears to be a consensual relationship, prosecutrix was a 30 years old woman -- Contention that there has been no material change in circumstances, after the withdrawal of the previous petition is bereft of any merit, as the Investigating Officer has since been examined -- Material witness/ prosecutrix also stands examined – 09 prosecution witnesses examined out of the 16 prosecution witnesses cited, there is no likelihood of the trial concluding in near future -- Court, therefore, deemed it fit to extend the concession of bail to the petitioner during the trial, as he has been in custody since 14th January, 2021.

(Para 8, 9)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 34, 406, 498-A, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Dowry case -- Quashing of FIR -- Continuation of the prosecution would result in sheer abuse of process of law, controversy does not indicate that the same involves heinous or serious offences and furthermore, the matrimonial dispute has been sought to be amicably settled – FIR and all the subsequent proceedings arising therefrom on the basis of compromise are ordered to be quashed.

(Para 6-9)

Indian Penal Code, 1860 (45 of 1860), Sections 316, 323, 406, 498-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Causing death of quick unborn child (Section 316 IPC) – Dowry case -- Compromise quashing of FIR --  Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise – FIR and all subsequent proceedings arising therefrom quashed.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Dowry death case -- Summoning of cousin sister-in-law as additional accused – Challenge to -- Complaint shows that the petitioner alongwith other co-accused had been harassing and pressurizing the deceased for bringing more dowry -- Deceased was being forced to bring Rs.2.00 lacs from her parents for sending D S abroad -- Investigating Agency despite having recorded the statements of some of the independent witnesses regarding the accusation of harassment of the deceased at the hands of petitioner, which is apparent from the perusal of the zimni has chosen to ignore the statements and for reasons best known to it and has given a clean chit to the petitioner -- As to whether the petitioner is a close relative of the deceased or a distant one and as to whether she is staying in same house or in another locality of the same village, are all matters to be tested by the Trial Court during the course of the trial – No illegality or perversity in the order passed by the Trial Court -- Petition dismissed.

(Para 12, 13)

Indian Penal Code, 1860 (45 of 1860), Section 498A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Matrimonial dispute – Non-recovery of dowry articles -- Anticipatory bail – Petitioner joined investigation on interim bail -- Recovery of disputed dowry articles would not come in the way of confirmation of interim bail -- If at some stage the parties agree to reconcile their differences then the fact that they had spent some time in custody would be a circumstance which may come in the way of amicably settling the matter – Interim bail granted to petitioner made absolute -- Rajesh Sharma’s case (2018) 10 SCC 472 and Anil Rajput’s case 2010(6) RCR (Criminal) 1126 relied.

(Para 1,2,6,7)

Indian Penal Code, 1860 (45 of 1860), Section 406, 498-A -- Quashing of FIR -- Investigation is pending, challan has not been presented -- Held, petition is premature at this stage -- Petitioner would be at liberty to approach the court after filing of the challan.

(Para 3-5)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 504, 406, 498-A, 506, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 401 – Acquittal in dowry matter – Revision against -- No medical evidence on record to prove the allegations of physical assault – Allegation of  physical assault in the presence of two cousins, but neither of them were examined during trial nor cited as prosecution witnesses -- Petitioner/complainant while appearing as PW-1 did not utter a word, much less, by way of a whisper regarding the allegations of physical assaults – A panchayat was convened between the parties with regard to the harassment but none of the members of the said panchayat were either examined during trial nor cited as prosecution witnesses -- Allegations of misappropriation of the dowry could not be proved by any cogent or reliable evidence in the absence of any evidence of entrustment of dowry – Revision against acquittal dismissed.

(Para 1, 5, 6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 4, 18 – POCSO matter – Regular bail -- Allegation that petitioner has tried to do bad act with victim by forcibly kissing her and with intention to commit rape, he has broken the string of her Salwar – Prosecutrix is stated to be 17 years and 02 months of age -- Prosecutrix when was taken to hospital, she made a statement that she does not want to be medico-legally examined as no rape was committed with her -- Without commenting upon the merits of the case, considering the fact that the petitioner is in judicial custody for the last about 01 year and 11 months; he is not involved in any other case and also considering the fact that statement of the prosecutrix already stands recorded, the petition allowed -- Petitioner ordered to be released on regular bail.

(Para 1-12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 406, 498-A – Dowry case – Anticipatory bail -- Petitioner has joined the investigation, however, the gold articles are yet to be recovered -- It is apparent that there are allegations and counter-allegations which is totally a subject matter of the investigation -- Interim bail made absolute.

(Para 6-8)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439(2) -- Cancellation of bail -- Once bail has been granted, the Courts should act with great circumspection in cancelling it unless, of course, some material is brought to the notice of the Court that the accused has breached the conditions of bail imposed upon them or a perverse order has been passed while granting the concession of bail.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439(2) -- Indian Penal Code, 1860 (45 of 1860), Section 498-A, 406 -- Anticipatory bail – Cancellation of bail – Non-recovery of dowry articles – Effect of -- Pursuant to the interim order, both accused had joined investigation -- Though, it was submitted by the Public Prosecutor that recovery of all dowry articles had not been effected from the respondents, however, it would not be out of place to observe that an FIR registered under Section 498-A, 406 of IPC and all subsequent proceedings arising out of them, cannot be converted solely into recovery proceedings -- Allegations of entrustment and misappropriation of dowry articles of the petitioner being disputed questions of fact, cannot be looked into by the Court while deciding a petition u/s 438 Cr.P.C.

(Para 6)

A. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 17, 18, 19, 20 21, 22 – Limitation under DV Act -- Argument raised that the petition filed under the DV Act is barred by limitation, the same is not sustainable in view of the judgments that there is no limitation prescribed under the DV Act to institute claim seeking relief under Sections 17 to 22 of the DV Act.

(Para 5)

B. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 2(a), 2(f), 2Q), 2(s) – Aggrieved person -- Domestic relationship – Respondent -- Shared household – Under the provisions of this Act, the right to claim protection against a person on account of domestic violence is not limited to a wife only -- Definition of an ‘aggrieved person’ may be read in this context wherein an aggrieved person has been defined to mean any women, who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent -- Going further, the term ‘domestic relationship’ too has been defined, which means a relationship between two persons, who live or have, at any point of time, lived together in a shared household when they are related by consanguinity, marriage or through a relationship in the nature of marriage etc.

(Para 7)

C. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 2(a), 2(f), 2Q), 2(s), 12, 14, 17, 18, 19, 20, 22 -- Maintenance under DV Act -- Domestic relationship – Shared household – Void marriage – Ground of -- Argument that the complainant is not a legally wedded wife, as on the date of marriage she was not divorced from her husband has no merit -- Held, under the provisions of this Act, the right to claim protection against a person on account of domestic violence is not limited to a wife only -- There is no dispute that the petitioner was in a relationship as he married the complainant -- Question whether the marriage would be void or not is a matter of trial -- Courts below while granting interim maintenance to the tune of Rs.25,000/- per month qualified that the maintenance is subject to set off/adjustments of interim maintenance received by the respondent-complainant in the application under Section 24 of the Hindu Marriage Act – No ground is made out to interfere with the orders passed by the courts below and the same are upheld.

(Para 6-9)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Cancellation of bail -- Bail once granted should not be cancelled unless some cogent case based on some supervening circumstance is brought to the notice of a Court.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Indian Penal Code, 1860 (45 of 1860), Sections 323, 406, 498-A and 120-B -- Cancellation of bail -- Non-recovery of dowry articles – Ground of -- Bail granted to an accused cannot be simply cancelled because of the non-recovery of some of the dowry articles.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Section 304-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 389 -- Dowry death – Appeal against conviction -- Suspension of sentence – Initially, applicant was declared innocent by the police during enquiry and she was summoned u/s 319 Cr.P.C. – Already undergone actual sentence of 04 years, 07 months and 29 days out of rigorous imprisonment for life – Case is covered by Dharam Pal's case, 1999(4) RCR (Criminal), 600 -- Appeal is not likely to be heard in the near future, the remaining sentence of applicant is ordered to be suspended during pendency of the appeal.

(Para 3)

Indian Penal Code, 1860 (45 of 1860), Section 376-AB – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- POCSO matter -- Bail to juvenile -- Rape with minor – Victim was just 01 year and 09 months old -- 11 prosecution witnesses remain to be examined -- Prima facie, there are very serious allegations levelled against the petitioner, for which the Court is not inclined to extend the concession of bail to the petitioner -- However, since the petitioner has been in custody since 09th August, 2019, the Juvenile Board/trial Court concerned is directed to expedite the trial and conclude the same expeditiously, preferably, on or before 30th November, 2021.

(Para 2-4)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 115 -- Indian Penal Code, 1860 (45 of 1860), Sections 376, 376AB -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – POCSO matter -- Rape with minor – Bail to juvenile -- Petitioner was declined bail on the ground that release of the petitioner on bail would defeat the ends of justice – Held, a juvenile can be denied the concession of bail, if any of the three contingencies specified under Section 12 (1) of the J.J. Act is available – J.J. Act is a beneficial legislation and gravity or seriousness of the offence would not be a ground to decline concession of bail to the juvenile – No purpose will be served in keeping the petitioner in custody -- Impugned orders are not sustainable in the eyes of law and as such, are liable to be set aside -- Petition allowed, petitioner is directed to be released on bail.

(Para 5-10)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Rape case – Quashing of FIR -- Respondent No.2 had lodged a complaint alleging, inter alia, that the appellant had committed an offence u/s 376 of the IPC -- Both the accused (appellant) and respondent No.2 were living together for a considerable while -- Complainant’s allegation is that the appellant duped her by misrepresenting to her that he is divorced -- Complainant, according to the accused, is not unmarried and her marriage subsists -- A child was born in the meanwhile as a consequence, a mediated settlement limited to the maintenance and upkeep of the child was arrived at by them -- Having regard to these facts and the submissions made on behalf of the complainant, who does not dispute that this may not be an appropriate case for pursuing the prosecution further -- Criminal proceedings must be quashed.

(Para 3-6)

A. Indian Evidence Act, 1872 (1 of 1872), Section 118 -- Child witness – Reliability of -- Criminal jurisprudence does not hold that the evidence of a child witness is unreliable and can be discarded -- A child who is aged about 11 to 12 years certainly has reasonably developed mental faculty to see, absorb and appreciate -- Evidence of a child witness alone can also form the basis for conviction -- Mere absence of any corroborative evidence in addition to that of the child witness by itself cannot alone discredit a child witness -- More so when he is the sole witness, a heightened level of scrutiny is called for.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Value of -- Allegation that the appellant stuffed cloth in the mouth of the deceased was serious and specific against her – Held, in the absence of any question having been put to her in this regard u/s 313 Cr.P.C. the appellant has been seriously prejudiced in her defence -- Procedure u/s 313 CrPC is but a facet of the principles of natural justice giving an opportunity to an accused to present the defence -- Burden of proof on an accused in support of the defence taken u/s 313 CrPC is not beyond all reasonable doubt as it lies on the prosecution to prove the charge -- Accused has merely to create a doubt -- It will be for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused.

(Para 9, 10)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Indian Evidence Act, 1872 (1 of 1872), Section 118 – Dowry death/ Murder – Acquittal of Jethani -- PW-2/ Child witness was examined nearly one year after the occurrence -- Court has, therefore, to satisfy itself that all possibilities of tutoring or otherwise are ruled out and what was deposed was nothing but the truth -- According to PW-2, the appellant stuffed cloth in the mouth of the deceased, thereafter others tied her up and set her on fire leading to 95% burns -- He states that after the deceased had suffered burn injuries he had seen the entire scenario including the room where the burnt articles were kept including that he was a witness to his sister being put in a vehicle while being taken to the hospital -- He then states that the deceased in that condition was speaking -- At no stage has the witness deposed that the cloth was taken out from her mouth -- It stands to reason that if cloth was stuffed in the mouth of deceased she would have been unable to speak -- PW-8/ Doctor deposed that there was no cloth recovered from the mouth of the deceased -- He states that the mouth of the deceased was closed, the jaws were shut, no cloth was present in the mouth but burnt cloth was present on the whole body starting from the wrist -- More crucially he states that all the 32 teeth were intact – Blisters were present at various parts of the body but he does not talk about any blister being present in the mouth -- No injuries of any nature have been found inside the mouth neither has the cloth been found – Court not satisfied that the evidence of PW-2 attributing a specific role to the appellant is of such a sterling quality so as to inspire confidence in the court to base the conviction on the sole evidence of a child witness -- Appellant was a daughter-in-law like the deceased herself -- Nature of the evidence makes it highly unlikely that she would have engaged in such actions -- Benefit of doubt in the circumstances has to be given to the appellant.

(Para 7, 11-13)

Indian Penal Code, 1860 (45 of 1860), Section 323, 498-A, 304B – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Dowry death case -- Father-in-law and mother-in-law – Earlier anticipatory bail was granted with the observation that, after charge sheet is filed, it is open for the petitioners to surrender and apply for the Regular Bail before the Competent Court – Held, same does not preclude the petitioners to apply for anticipatory bail u/s 438 Cr.P.C. after filing of the charge sheet -- It also cannot be said, that same is a second application for grant of anticipatory bail -- Husband of the deceased was granted Regular Bail after he was arrested – Held, it is a fit case for grant of anticipatory bail.

(Para 2-5)