Ramprakash Rajagopal

808 Articles
alibi
Acquittal

Alibi: Quash: The service certificate is not a disputed one thus the High Court can quash the criminal proceedings on the fact of alibi based on that certificate

161
Acquittal

Section 161 CrPC witness statements cannot be used to convict the accused only their testimony can be used to convict or acquit the accused

rape
Acquittal

Rape of child: Acquittal based on the Forensic Lab Report which is inconsistent with the testimony of the witness before the court

confession
Acquittal

Acquittal: A confession taken from a suspected person in police custody by using third-degree methods is not acceptable as evidence hence trial court conviction is set aside

civil case
Acquittal

Acquittal: Since the limitation for a suit for money recovery has expired a criminal case cannot be used for money recovery

General

Sudalaimani case upheld & Selvam case distinguished: Confession given the police during investigation cannot be used in favour of the accused due to the bar u/s 162 Cr.P.C

cheque
Acquittal

Cheque conviction: The accused has only relied upon plausible theories with conjectures and surmises

victim
Acquittal

Murder acquittal: No revision against the order of acquittal whereas the remedy of appeal is available in Cr.P.C after 2009 amendment

quash
General

Quashing of Multiple FIRs: A citizen of India may approach S.C through Article 32 is a fundamental right but may follow judicial principle and orderly procedure at first

denovo trial
3 judge bench

Denovo Trial: Unusual recording of confession statements based on judicial directions and the doubt of subsequent insertion of statutory warning in the confession creates serious doubts

ndps
Evidence

NDPS:Even if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires confidence

sentencing
General

Appreciation of the quantum of sentence is explained