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Burden of Proof Not Met: Supreme Court Overturns Murder Conviction.

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CASE TITLE – Sharanappa v. State of Karnataka

CASE NUMBER – Criminal Appeal No. 1673 of 2011

DATED ON – 04.10.2023

QUORUM – Justice Abhay S. Oka & Justice Pankaj Mithal

 

FACTS OF THE CASE

The appellant was convicted by the Trial Court for the offences punishable under Sections 302 and 201 of the Indian Penal Code (for short “IPC”). For the offence under Section 302, the Trial Court sentenced the appellant to undergo life imprisonment and to pay fine of Rs.25,000/- (Rupees twenty five thousand). In the appeal, by the impugned judgment, the High Court has confirmed the conviction. The deceased is Meenakshi with whom the appellant married on Basavajayanti day in the year 2003 in a mass marriage programme. The case of the prosecution is that on 28th May, 2004 PW-3 Alfred Mathai saw the appellant in the company of the deceased near Mariyapura Bus Stop. On 30th May, 2004 a body of a female person was recovered in a decomposed state. The body was identified as that of the deceased wife of the appellant. The prosecution case is that on 28th May, 2004 itself, the appellant informed his father-in-law that his wife was missing. However, he did not file a missing complaint. The appellant filed a missing complaint on 31st May, 2004. The First Information Report was registered on the basis of the complaint filed by appellant’s father-in-law on 1st June, 2004. The allegation made therein was that the appellant suspected that his wife was living an adulterous life and that was pleaded as a motive to kill the deceased. The case is based on circumstantial evidence. The first circumstance is of last seen together. The second circumstance is of the recovery of knife allegedly used as a weapon of offence by the appellant, at the instance of the appellant. The third circumstance is that though even according to the appellant, the deceased was missing since 28th May, 2004, he never filed a missing complaint till 31st May, 2004 and he did so after getting the knowledge of the fact that the dead body of his wife was found on earlier day.

 

ISSUE

Whether the prosecution has been able to successfully prove the guilt of the appellant beyond a reasonable doubt.

 

CONTENTIONS BY THE APPELLANT

The learned senior counsel appearing for the appellant submitted that the evidence of the witness, PW-3 Alfred Mathai is wholly unreliable. He also brought the Court’s attention to the evidence of the alleged witnesses to the Recovery Memorandum of alleged recovery of the knife at the instance of the appellant. He submitted that both the witnesses have not supported the prosecution. His submission was that both the important circumstances which constitute the chain of circumstances against the appellant have not been established.

 

CONTENTIONS BY THE RESPONDENT

The learned Additional Advocate General appearing for the respondent-State, while supporting the impugned judgment, submitted that the Trial Court and the High Court have analyzed the evidence of PW-3 and found that his version was reliable. His submission was that the appellant has not explained a very important circumstance against him that from 28th May, 2004 to 31st May, 2004 he did not lodge even a missing report with the police. He submitted that only after he came to know about the recovery of body of his wife, he lodged missing complaint.

 

COURT ANALYSIS AND JUDGMENT

The Hon’ble Supreme Court stated that it is the duty of the prosecution to establish all the circumstances forming a part of the chain, and noted that the first and the most important circumstance relied upon by the prosecution was of last seen together, the only witness examined to prove the said circumstance was PW-3 Alfred Mathai. In the cross-examination, The Court observed that the witness stated that he had not stated anything before the police which is found in his statement Exhibit D-1 which was recorded under Section 161 of the Code of Criminal Procedure, 1973. Further, he stated that only when he went to the police station he came to know who the accused was and also whose dead body it was. Thus, it was crystal clear that what was stated by the PW-3 Alfred Mathai in his examination-in-chief is a complete improvement. Therefore the Hon’ble Supreme Court held that it was impossible to believe his testimony. Hence, the theory of the prosecution about the last seen together must fail. So far as the case of the prosecution regarding recovery of the weapon of the offence at the instance of the appellant is concerned, the Court found that both PW-4 and PW-5 were allegedly the witnesses to the mazhar have not supported the prosecution. PW-4 stated that he signed the mazhar at the police station. PW-5 did not depose before the Court that the appellant, while in police custody, stated that he was aware about the place at which he had concealed the weapon of the offence. Therefore, even the second circumstance pleaded by the prosecution was not at all established. The Hon’ble Supreme Court stated that only on the basis of the third circumstance based on the conduct of the appellant, the appellant cannot be convicted. Hence, the appeal succeeded and was accordingly allowed. And the impugned judgments were set aside and also acquited the appellant of the offences alleged against him.

 

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Judgment Reviewed by – Gnaneswarran Beemarao

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SUPREME COURT QUASHED THE JUDGEMENT OF HIGH COURT AND AWARDED THE EXTENSION OF TIME IN FILING THE WRITTEN STATEMENT.

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CASE NAME: ADITYA KHAITAN & ORS. VERSUS IL AND FS FINANCIAL SERVICES LIMITED

CASE NUMBER: CIVIL APPEAL NOS. 6411-6418 OF 2023

DATED ON: OCTOBER 03, 2023

QUORUM: HON’BLE JUSTICE J.K. MAHESHWARI & JUSTICE K.V. VISWANATHAN

INTRODUCTION:

The appeals challenge the High Court’s decision to dismiss applications for taking on record their written statements in a civil suit. The court ruled that the 30-day period for filing written statements had expired on 08.03.2020. The court also ruled in Sagufa Ahmed and Others Vs. Upper Assam Plywood Products Private Limited and Others (2021) 2 SCC 317, since the orders of this that the order dated 23.03.2020, effective from 15.03.2020, would not benefit the applicants/defendants since the limitation period had expired. The court also ruled that the court’s orders under Article 142 of the Constitution of India only extended the period of limitation, not the period up to which delay can be condoned.

FACTS OF THE CASE:

The plaintiff, IL and FS Financial Services Limited, filed a suit for recovery of money and consequential reliefs in C.S. No. 177 of 2019 against nine defendants. The 30-day period for filing written statements expired on 08.03.2020 and the condonable period of 90 days expired on 06.06.2020.

The appellants filed applications for the defendants on 20.01.2021, requesting an extension of the time for the defendants’ written statements. The reasons for this were the declaration of COVID-19 as a pandemic, the Government of India’s advisories, the Disaster Management Act, the lockdown imposed by the Government of West Bengal, and the closure of the answering applicant’s office.

The affidavits relied on the court’s order dated 23.03.2020 and 10.07.2020, which extended the period of limitation until further orders. The plaintiffs opposed these applications, arguing that the orders would not help since the limitation period had expired before 15.03.2020. The plaintiff relied on the judgment of 18.09.2020 in Sagufa Ahmed to support its contention. The High Court accepted the plaintiff’s stand but did not take the written statements on record.

LEGAL PROVISIONS:

CONSTITUTION OF INDIA

Article-142: Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.-

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

CODE OF CIVIL PROCEDURE

ORDER 5 RULE 1(1): Summons.— When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant. Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff’s claim

Order 8 Rule 1:Written statement.- The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:

Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record.”

ORDER 8 RULE 10: Procedure when party fails to present written statement called for by Court.—Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.

COMMERCIAL COURT ACT:

Section – 16: Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes-

(1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, in their application to any suit in respect of a commercial dispute of a Specified Value, stand amended in the manner as specified in the Schedule.

(2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, in the trial of a suit in respect of a commercial dispute of a Specified Value.

(3) Where any provision of any Rule of the jurisdictional High Court or any amendment to the Code of Civil Procedure, 1908 (5 of 1908), by the State Government is in conflict with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, the provisions of the Code of Civil Procedure as amended by this Act shall prevail.

ISSUES RAISED:

  • Whether the High Court was justified in rejecting the application for extension of time dated 20.01.2021 and in not taking the written statements on record.
  • Whether the appellants are allowed to file the written statement after the expiration the limited time period in the special circumstances or not.

CONTENTION OF APPELLANT:

Mr. Sanjoy Ghose, Senior Counsel for the appellants, used the judgment in Prakash Corporates vs. Dee Vee Projects Limited, (2022) 5 SCC 112, to argue that extraordinary measures are crucial in extraordinary circumstances. The court noted that orders of 23.03.2020, 06.05.2020, and 10.07.2020 were addressed in the same In re: Cognizance for Extension of Limitation. The court distinguished Sagufa Ahmed’s case (supra) in paras 28.1, 28.2 and 33.4 of Prakash Corporates (supra), stating that the period envisaged in the order dated 23.09.2021 should be excluded from computing the period of limitation even for filing the written statement. The court ruled that the decision in Sagufa Ahmed is irrelevant to the present case, as the extended period expired on 06.06.2020.

CONTENTION OF RESPONDENT:

Mr. Sahil Tagotra, learned Counsel for the Respondent reiterated the findings of the High Court and submitted that the applicants have forfeited their right to file the written statements and the hon’ble High Court justified in rejecting the application for extension of time dated 20.01.2021 and not taking the written statements on record.

COURT’S ANALYSIS:

The Supreme Court has extended the deadlines for statutes of limitations in cases related to the pandemic. The court took suo motu cognizance and issued orders under Article 142 of the Constitution of India, protecting parties’ rights and ensuring their remedies and defenses were not barred. The orders of 23.03.2020 and 08.03.2021 were issued in a case involving Sagufa Ahmed (supra), which extended the limitation prescribed under the Arbitration & Conciliation Act, 1996 and Section 138 of the Negotiable Instruments Act, 1881 until further orders. The court also extended the period between 15.03.2020 and the lifting of lockdown in the jurisdictional area.

The Supreme Court of India has issued directions to address the challenges faced by litigants during the COVID-19 pandemic. The order dated 08.03.2021 extended the period of limitation prescribed under general law or special laws, with effect from 15.03.2020 until further orders. The court believes that the order dated 15.03.2020 has served its purpose and should come to an end.

The court has also excluded the period from 15.03.2020 to 14.03.2021, allowing the balance period of limitation remaining as of 15.03.2020 to become available with effect from 15.03.2021. The period from 15.03.2020 to 14.03.2021 will also be excluded from computing periods prescribed under various laws. The government is also required to amend guidelines for containment zones, allowing for medical emergencies, essential goods and services, time-bound applications, and educational and job-related requirements.

The Court has directed that the period from 15.03.2020 to 14.03.2021 will be excluded from computing the period prescribed under various laws, including the Arbitration and Conciliation Act, 1996, Commercial Courts Act, 2015, and Negotiable Instruments Act, 1881. This decision has a significant impact on the current controversy, as it excludes the period for computing outer limits within which the court or tribunal can condone delay.

The Court in Prakash Corporates (supra) also noted that the order of 08.03.2021 and subsequent orders by a Bench of three Hon’ble Judges were not available for the Bench which decided Sagufa Ahmed’s case. The outer limit within which the court or tribunal can condone delay is 120 days from the date of summons.

JUDGEMENT:

As has been set out hereinabove, summons was served on 07.02.2020, but the 30 days period expired on 08.03.2020 and the outer limit of 120 days expired on 06.06.2020. The applicants filed for written statements and extension of time on 20.01.2021, and the High Court’s judgment needs to be set aside. The principle underlying the court’s orders dated 08.03.2021, 27.04.2021, and 23.09.2021, in In Re: Cognizance for Extension of Limitation would benefit the applicants-defendants.

The Appeals are allowed, and the written statements filed on 20.01.2021, are directed to be taken on record. The suit will proceed with the appeals, and the appeal stands allowed with no order as to costs.

 

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Click here to view the full judgement: ADITYA KHAITAN & ORS. VERSUS IL AND FS FINANCIAL SERVICES LIMITED

JUDGEMENT REVIEWED BY: ABHISHEK SINGH

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Moratorium Defense Fails Again: Supreme Court Case Highlights Dispute Over Order XXXVII Memo.

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CASE TITLE – Anish M. Rawther @ Anees Mohammed Rawther v. Hafeez Ur Rahman & Ors.

CASE NUMBER – Civil Appeal No. 4120 of 2024

DATED ON – 14.06.2024

QUORUM – Justice Vikram Nath & Justice Prashant Kumar Mishra

 

FACTS OF THE CASE

This appeal has been preferred by the appellant/defendant challenging the Order passed by the High Court of Karnataka on 21st March, 2022 in Writ Petition No. 10975 of 2020 (GM-CPC) whereby the High Court allowed the writ petition and set aside the Order dated 07th March 2020 passed by the Trial Court in Com. OS No. 1026 of 2018 and further directed the Trial Court to accept the memo dated 14th November 2019 which was submitted by the respondents/plaintiffs. The respondents/plaintiffs preferred a suit under Order XXXVII of Code of Civil Procedure, 1908 (henceforth ‘CPC’) against the appellants/defendants for recovery of Rs. 1,04,16,576/- with interest. The appellants/defendants entered appearance and filed application seeking leave to defend which was allowed by the Trial Court on 19th June 2019 with a direction to the appellants/defendants to deposit 50% of the suit claim. The said order was challenged before the High Court in Writ Petition No. 28349 of 2019 which was dismissed on 08th August 2019 against which an SLP (C) No. 20626 of 2019 was preferred by the appellants/defendants which came to be dismissed on 06th September 2019. The appellants/defendants had argued that in view of Section 14 of the Insolvency and Bankruptcy Code, 2016 (henceforth ‘IBC’), the moratorium has become operational, therefore, the suit cannot proceed. This argument was not accepted by the High Court and under the impugned order, the Trial Court was directed to accept the memo and pass appropriate orders.

 

ISSUE

Whether the Trial Court should accept the memo filed by the plaintiffs (respondents) under Order XXXVII of the Code of Civil Procedure, 1908.

LEGAL PROVISIONS

  1. Order XXXVII of the Code of Civil Procedure, 1908 (CPC), deals with suits filed under the Summary Procedure. It allows plaintiffs to obtain a decree quickly if they have a strong case and the defendant has no real defense.
  2. Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC), with the moratorium period that applies when a company is undergoing insolvency resolution.

 

COURT ANALYSIS AND JUDGEMENT

The Hon’ble Supreme Court noted that they had also passed an order on 01st December, 2023 staying the impugned order, however, much prior to the interim order of the same Court, the suit itself was decided finally by passing a decree on 20th April, 2023. It was not brought to the Court’s notice that the said decree had been challenged any further by the defendants. Thus, the Hon’ble Supreme Court concluded that for the present, the suit is not pending, and therefore, the present appeal which arises out of an interim order passed by the Trial Court during pendency of the suit, has now been rendered infructuous. The Civil Appeal was then accordingly, dismissed as infructuous.

 

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Judgement Reviewed by – Gnaneswarran Beemarao

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“Maintaining Secularism” – Bombay High Court Backs College Dress Code Banning Hijabs.

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On Wednesday, the Bombay High Court noted that the dress code of a Mumbai institution, which forbids students from donning hijab, nakab, burka, stole, caps, and other items, is in the greater academic benefit of the students.  Nine female students from NG Acharya and D. K. Marathe College of Art, Science, and Commerce filed a writ case challenging the dress code, which was dismissed by a division bench of Justices AS Chandurkar and Rajesh S Patil.

The Bombay High Court also referred to the Full Bench decision of the Karnataka High Court in Resham v. State of Karnataka which maintained a government decree establishing a dress code that forbade the wearing of hijabs. The Karnataka High Court ruled in that case that the dress code did not violate any basic rights because it was intended to treat students as a homogeneous class in support of constitutional secularism. The Supreme Court is currently considering a challenge to the Karnataka High Court’s decision, following the division bench’s October 2022 split decision.

The petitioners, who are enrolled in their second and third year of undergraduate studies, contested the dress code, arguing that it infringes upon their fundamental rights to forbid the wearing of headscarves, burkas, stoles, caps, and other items on campus. Students are supposed to dress in a formal, respectable manner that does not indicate their religion in accordance with the contested dress code. The court stated that all students are subject to the clothing code in question, regardless of their language, caste, creed, or religion. It went on to state that the college administration was entitled to basic management powers, which included setting the dress code.

“We do not find as to how these guidelines and instructions are violated by the Instructions issued by the College. On the contrary, the Policy on Code of Ethics laid down by the Management of the College seeks to enforce the aforesaid guidelines and instructions”, the court stated, along with, “We are in respectful agreement with the view expressed by the Full Bench that prescription of a dress code is intended to achieve uniformity amongst students in the school/college so as to maintain discipline and avoid disclosure of one’s religion.”

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Written by – Gnaneswarran Beemarao

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BOMBAY HC ASKS POLICE TO PROVIDE PROTECTION AFTER ILLEGAL HAWKERS STOP HOMELESS SHELTER WORK IN DADAR.

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On Tuesday the High Court of Bombay has passed an order to Shivaji Park police for allowing protection for the continuing construction of a shelter for homeless people in Dadar area has been closed by the anti social elements are the hawkers.

The intervention was required after the construction work which was carried by Shiv Sneh Samajik Pratisthan, a Non-Governmental organization was halted due to hawker assaulting the representatives of the charitable body along with labour hired by them.

The Pratisthan then filed a petition in the HC when the police at Shivaji Park declined to supply police protection. The NGO said that the protection was not given even after the civic officials had demanded to the police officials concerned.

About this, the unmistakable advocates for the NGO, Madhav V Thorat stated that the NGO chanced on a news report of the supreme court directing municipal corporations across the country to establish night shelters for homeless people and as a result, the NGO carried an independent survey and met BMC to provide a plan to build, fund & run a shelter for the homeless in Dadar free of charge.

Consequently, since the Apex Court order had made it compulsory for the BMC to establish shelters, the civic body considered the proposal from NGO & on January 15, 2024 issued work order to make the petitioner body functional under Keshavsut flyover near Flower Market, Dadar West.

However, Thorat said that they stopped the demolition work when the representatives of the NGO used labourers to go to the site, the act provoked illegal hawking merchants to abuse and even attack them. He stated that the police at the Shivaji Park police station rejection The NGO thereafter the civic officials urged the police officials to provide police protection for the event but the request amounted to nothing.

Before the Court, the police, however, took a stand that they were unable to provide police force because of the Lok Sabha elections & assured the court that the necessary police force would be deployed at the site on payment of fees for the police protection.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

WRITTEN BY: ABHISHEK SINGH

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