Ramprakash Rajagopal

753 Articles
limitation
BNSS

Limitation: Section 468 Cr.P.C applies for both cases instituted upon a complaint or by a police report what matters is the date of initiation of criminal proceedings

security cheque
BNSS

Security Cheque: If the signature is not in dispute then the court cannot set aside the summoning order

charge framing
BNSS

If accused understood the nature of allegations and defended themselves then the omission to sign the charge is not fatal

caste
Acquittal

If a member of S.C/S.T converts to Christianity he is no longer SC/ST since Christianity does not recognise a hierarchical caste-based system

minor offence
Acquittal

Section 364 IPC and section 302 IPC by no stretch of imagination can be construed as similar offences hence High Court is correct in reversing the conviction of section 364 though charged for section 302 IPC

cheating
Acquittal

High Court can quash cheating charges if there was no dishonest intention of false promise while making it and since the making of movie is not false as issuing post-dated cheques is not a false promise

section 319 Crpc
BNSS

Trial court cannot appreciate inconsistencies in witness testimonies while summoning additional accused under section 319 Cr.P.C

Bar Hooliganism
Acquittal

Supreme Court Condemns “Bar Hooliganism” in UP: Orders Bail and Transfer of Case to Delhi to Ensure Fair Trial

unlawful assembly
BNS

The Hon’ble Supreme Court suggested that the main accused’s abscondence is a subconscious acceptance of his guilt

ndps
Acquittal

Acquittal: NDPS: Search before the police is not the third option and the prosecution’s claim of using electronic weighing scale is also questionable

gang rape
Acquittal

Gang rape: Acquittal: Delay in registering the complaint after three months due to shame in disclosing the incident even to her husband is not a natural conduct of a person

quarrel
Acquittal

Quarrel does not constitute a criminal offence and cannot by itself sustain cognizance of the offences