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Latest AFR

1. Properties acquired prior to the alleged offence are not automatically immune from attachment under the PMLA. The definition of “proceeds of crime” under Section 2(1)(u) includes not only tainted property but also its equivalent value, reflecting a broad legislative intent. Where the actual proceeds are unavailable or untraceable, authorities may attach other properties of equivalent value, even if lawfully acquired or purchased earlier. Such attachment aims to prevent offenders from retaining the economic benefits of crime.

2. Testimony of the victim is vital, and unless compelling reasons exist
necessitating corroboration, the Court may safely act upon the
testimony of the victim of sexual assault alone to convict an accused
where it inspires confidence and is found to be reliable, particularly
when it is duly strengthened by corroborative medical evidence
indicating pregnancy during the relevant period and further supported
by DNA analysis of the child, lending scientific assurance to the
prosecution version.

3. Repeated or indirect attempts to reopen concluded issues through collateral proceedings are impermissible and barred by the principles of res judicata and finality.

4. Frivolous and motivated petitions filed under the guise of public interest, liable to be discouraged by imposition of exemplary costs. A litigant invoking PIL jurisdiction must approach the Court with clean hands and clean objective.

5. In cases of rape, the offence causes an incurable dent in the victim’s personal sovereignty; her testimony, if found credible and trustworthy, can be relied upon without corroboration, as she stands on a higher pedestal than an injured witness, and conviction can be sustained even in the absence of physical injuries on her body.

6. Article 137 of Limitation Act will not be applicable
to a complaint u/S 31(1) of Real Estate (Regulation
And Development) Act, 2016 filed before the Real
Estate Regulatory Authority (RERA).

7. Conviction can be made on the basis of sole testimony of the
victim when her deposition is found to be trustworthy, unblemished,
credible and her evidence is of sterling quality, even if her
medical/scientific report is found to be negative.

8. The DNA report, being scientifically accurate, can be accepted as sufficient proof of the involvement of the accused in the offence of rape with the victim unless it is absolutely tainted for non-acceptance of the same, particularly when the other circumstances, like injuries found on the body of the victim and the FSL report regarding the presence of semen in the vaginal slides of the victim, have duly corroborated the allegation and are sufficient to base the conviction of the accused.

9. Non-compliance with Section 52-A of the Narcotic Drugs And Psychotropic Substances Act, 1985 does not automatically invalidate the prosecution’s case. A conviction can still be sustained if the evidence on record convincingly proves the recovery and possession of contraband.

10. Mere procedural modification uniformly applied to all candidates does not vitiate the selection in the absence of demonstrated prejudice, and a challenge to the recruitment process after unsuccessful participation, without impleading the selected candidates, is not maintainable.

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