Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder - Proof - Quarrel over blockage of drain - Alleged gunshot fired by accused causing death - Investigation found wholly deficient; no scene map prepared, no material recovered and weapons of assault not seized despite eyewitnesses claiming accused carried firearms - Majority of eyewitnesses were close relatives and their testimonies suffered from material discrepancies - Medical evidence showed deceased could have survived 3-6 hours after sustaining gunshot injuries, yet body was taken to police station instead of hospital - Prosecution failed to establish case beyond reasonable doubt - Conviction set aside.

(Paras91113141718192021)

(Para 9 11 13 14 17 18 19 20 21)

Penal Code (45 of 1860) , S.376(2)(i), S.376(2)(j), S.363, S.323— Evidence Act (1 of 1872) , S.3, S.9, S.45, S.165— Rape on minor - Identification of accused - Material discrepancy in medical evidence and deposition of witnesses regarding time of incident - Doctor deposed that injuries on body of prosecutrix were 5-7 days old - Age of injuries did not match with time and date of incident as alleged in FIR and in deposition of prosecution witnesses - Accused was not named in FIR - Prosecutrix stated that Police had disclosed his name to her - Prosecution merely relied upon TIP to establish identity of accused - Failure of prosecution to get identification of accused done by prosecutrix during her deposition before trial Court - Presiding Officer as well as Public Prosecutor were equally responsible for fatal omission - Prosecution did not lead any corroborative scientific evidence to corroborate testimony of prosecutrix and establish a nexus between accused and crime - I.O. had failed to conduct inquiry of complaint filed by accused regarding his false implication - Accused had remained in custody for more than nine years - No useful purpose would be served by remanding the matter to trial Court for recording testimony of prosecutrix afresh - Prosecution had failed to prove its case beyond reasonable doubt - Conviction was set aside.

Criminal P.C. (2 of 1974) , S.156— D.B. Criminal Appeal No. 338 of 2019, Dt. 20.08.2025 (Raj)-Reversed(Paras252728293132333435404447484951525354555657)

(Para 25 27 28 29 31 32 33 34 35 40 44 47 48 49 51 52 53 54 55 56 57)

Constitution of India , Art.145— Supreme Court Rules (2013) , O.6 R.2— Stamp Act (2 of 1899) , S.47A— Reference to larger bench - Notice regarding undervaluation of instrument - Appellant relied on judgment reported in (2009) 7 SCC 438 (V.N. Devadoss) passed by three judges declaring that while exercising powers u/S. 47A of Stamp Act, there must exist material evincing lack of bona fides and fraudulent attempt to undervalue subject of conveyance in bid to evade stamp duty - However, expressions "wilful undervaluation" and/or "fraudulent intention" are conspicuously absent in plain phraseology of said provision - Court had serious doubt regarding efficacy of law declared in V.N. Devadoss as binding precedent - V.N. Devadoss being larger Bench, matter was referred to larger bench.

(Paras161924)

(Para 16 19 24)

Penal Code (45 of 1860) , S.498A, S.306— Evidence Act (1 of 1872) , S.3— Cruelty and abetment of suicide - Proof - General allegations of harassment and torture without specific evidence of cruelty or dowry demand, coupled with material omissions and contradictions in prosecution evidence - Some witnesses admitted deceased and accused appeared happy and they had never heard of any dispute - Medical and forensic evidence establishing death due to poisoning, but no injuries found on deceased - Accused immediately securing medical assistance and taking deceased to hospital - Allegations of dowry demand held to be afterthought - Mere matrimonial discord or harassment, without proof of cruelty or unlawful demand, insufficient to establish S. 498-A - No evidence of any positive act of abetment as required under S. 107 to attract S. 306 - High Court having relied on unsubstantiated allegations and failed to properly consider reasons recorded by Sessions Court for acquittal, order of High Court reversing acquittal was set aside.

AIROnline 2016 HP 81-Reversed1934 ALJ 905 (PC)-Followed(Paras89101112151617)

(Para 8 9 10 11 12 15 16 17)

Constitution of India , Art.342, Art.142— Caste claim - Invalidation - Protection of retiral benefits - Caste certificate of appellant certifying him as belonging to "Tokre Koli" Scheduled Tribe was invalidated by Scrutiny Committee and affirmed by High Court - Appellant continued in service for over three decades until retiring on superannuation under interim orders and filed affidavit stating he had no children and no family member derived benefit from said certificate - While affirming invalidation of caste claim, Supreme Court exercised its extraordinary power under Art. 142 to protect service rendered by appellant solely for computing and releasing retiral and pensionary benefits, clarifying that such protection shall not validate caste claim nor entitle any family member to claim future benefits.

Writ Petition (St.) No. 92659 of 2020, D/- 15.9.2020 (BOM)-Partly ReversedAIROnline 2023 SC 658-Followed(Paras11121415)

(Para 11 12 14 15)