2019 SCC Vol. 7 September 7, 2019 Part 5

Constitution of India — Art. 21 — Police atrocities/Custodial death/Armed forces/Fake encounter killings: As large number of fake encounters were alleged against Punjab Police during the period of Punjab Extremism/Terrorist/Separatism, hence, the High Court direction for expeditious commencement of trial and recording of evidence, not interfered with. [Tarsem Lal v. CBI, (2019) 7 SCC 701]

Criminal Law — Criminal Trial — Clues and Tell-Tale Signs/Forensics — Bloodmarks/Trail and Bloodstains: Effect of failure to establish origin of blood as being of human origin and/or its blood group, on prosecution case has to be ascertained in the facts of circumstances of each case, and there is no fixed formula for the same. At times, it may be very difficult for serologist to detect the origin of the blood and/or its group due to disintegration of the serum, or insufficiency of bloodstains, or haematological changes, etc. In such situations, the court, using its judicious mind, may deny the benefit of doubt to accused, depending on the facts and circumstances of each case, if other evidence of prosecution is credible and if reasonable doubt does not arise in the mind of the court about investigation but non-confirmation of blood group or origin of the blood may assume importance in cases where the accused pleads a defence or alleges mala fides on the part of prosecution, or accuses the prosecution of fabricating the evidence to wrongly implicate him in the commission of crime. [Balwan Singh v. State of Chhattisgarh, (2019) 7 SCC 781]

Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused — Exercise of powers: Standard of proof employed for summoning a person as an accused person under S. 319 CrPC is higher than the standard of proof employed for framing a charge against the accused person. [Shiv Prakash Mishra v. State of U.P., (2019) 7 SCC 806]

Criminal Procedure Code, 1973 — S. 54-A, 53 and 482 Identification of a person by DNA test: Request for such test and direction, therefore, held, have to be based on police authorities’ satisfaction based on material collected after a substantial investigation into the matter. DNA test cannot be requested or directed as a step towards a roving or fishing inquiry on a person or his relatives. It is a serious matter which should not be lightly resorted to without there being appropriate satisfaction of the requirements of directing DNA test. [Kathi David Raju v. State of A.P., (2019) 7 SCC 769]

Karnataka Sales Tax Act, 1957 (25 of 1957) — S. 6-B r/w Ss. 2(1)(u-2) and 2(1)(v) — “Total turnover” as opposed to “taxable turnover” — Relevance of, for determination of slab/rates for levy of turnover tax: The expression “total turnover” has been referred to for purpose of identification/classification of dealers for prescribing various rates/slabs of tax leviable to the dealer and read with first and second provisos to S. 6-B(1), this makes the intention of legislature clear and unambiguous that except deductions provided for under first proviso to S. 6-B(1) nothing else can be deducted from total turnover as defined under S. 2(1)(u-2) for purpose of levy of turnover tax under S. 6-B. Thus, the contention of appellant that “total turnover” in S. 6-B(1) is to be read as “taxable turnover” and determination of rate of turnover tax is to be ascertained on “taxable turnover”, held, unsustainable and rejected. [Achal Industries v. State of Karnataka, (2019) 7 SCC 703]

Penal Code, 1860 — Ss. 302, 149 and 148 — Murder: In this case of mob violence, due to factors like conduct of eyewitness, acquittal of co-accused, previous enmity, delay in FIR and non-examination of material witnesses, false implication cannot be ruled out, hence, appellants also acquitted. [Jagdish v. State of Haryana, (2019) 7 SCC 711]

Penal Code, 1860 — Ss. 302, 376(2)(f) & (g), 377 and 201 — Rape/Sodomy and murder of minor: In this case of aggravated penetrative sexual assault by gang of two and sodomy committed on 10 yr old girl by tying her hands and murder of her 7 yr old brother along with her, first by trying to poison them and then by pushing them into canal when they were conscious, hence, death sentence was affirmed. [Manoharan v. State, (2019) 7 SCC 716]

Penal Code, 1860 — Ss. 364-A, 201 and 302 r/w S. 34: In this case of kidnapping and murder, as chain of circumstances were not fully established against accused, hence it was held that they were entitled to benefit of doubt and appellants were acquitted. [Baiju Kumar Soni v. State of Jharkhand, (2019) 7 SCC 773]

Service Law — Departmental Enquiry — Criminal proceedings — Departmental Enquiry vis-à-vis Criminal proceedings — Relative scope: The object of criminal trial is to inflict appropriate punishment on offender, while purpose of enquiry proceedings is to deal with delinquent departmentally and to impose penalty in accordance with the service rules. Degree of proof necessary to convict offender is different from the degree of proof necessary to record the commission of delinquency. Rule relating to appreciation of evidence in two proceedings is also not similar. Further, in criminal law, burden of proof is on prosecution to prove guilt of the accused beyond reasonable doubt, whereas in departmental enquiry, penalty can be imposed on a finding recorded on the basis of “preponderance of probability”. Moreover, an acquittal by court of competent jurisdiction in a judicial proceeding does not ipso facto absolve delinquent from liability under disciplinary jurisdiction. [Shashi Bhushan Prasad v. CISF, (2019) 7 SCC 797]

Service Law — Departmental Enquiry — Enquiry Report — If valid — Enquiry Committee, if had acted validly: Setting aside of termination order on ground of non-compliance with R. 37(6) of 1981 Rules inasmuch as allegedly there was no evidence to show that three members of Enquiry Committee had met, deliberated before submitting enquiry report, not sustainable. [Shri Yogiraj Shikshan Prasarak Mandal v. Vidya, (2019) 7 SCC 695]

Unlawful Activities (Prevention) Act, 1967 — Ss. 38, 39 and 40 r/w Ss. 120-B and 125 IPC — Essential ingredients: Necessary ingredients for each of the offences like association/offence relating to membership of terrorist organisation (S. 38), supporting/raising funds for terrorist organisation (Ss. 39/40), clarified. Respondent A-2 in this case, held, was rightly convicted by High Court only for offence relating to membership of terrorist organisation (Islamic State/IS/ISIS) and conspiracy, and rightly acquitted of all other offences. However, the sentence of 3 yrs’ RI awarded by trial court for said offence was proper, and there was no ground for reduction of the same on the ground of sympathy in light of overall conduct and attitude of A-2 re the offence relating to membership of terrorist organization. [Union of India v. Yasmeen Mohd. Zahid, (2019) 7 SCC 790]

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