Ramprakash Rajagopal

793 Articles
complaint case
BNS

Anticipatory Bail is not needed in complaint cases if apprehension of arrest is only by the police

hostile
BNSS

Honour killing: The court must see whether a hostile witness is totally discredited if not the court should not discard his testimony entirely

sentencing
Acquittal

Sentencing: Though the furnishing of a forged revenue document for surety in judicial proceedings is serious in nature but is not organised crime and has not caused any widespread financial loss

section 304 part II
Acquittal

S.304 II IPC: Injuries were caused by an abrupt fall into the dry canal and not by stones thrown by the accused at the deceased

murder
Acquittal

Acquittal: Who Pulled the Trigger? Prosecution version remains acceptable till the point of bullet entering the skull but suspicious when it travels upward while exiting the skull

PCPNDT, female child, foetus,  
General

Incomplete Form ‘F’ Attracts Substantive Penalties and Strict Adherence to Record-Keeping is Mandatory Under PCPNDT Act (Prenatal Diagnostics Act)

appeal
General

Joint appeal: ‘an appeal’ followed by ‘the appeal’ are same within the meaning of the sections 392, 374 and 378 Cr.P.C as if ‘any proceeding” followed by ‘the proceeding’ in Section 397 Cr.P.C thereof [Referred to Larger Bench]

cognizance
Acquittal

Section 223(1) BNSS: Though the complaint was filed earlier cognizance was taken after BNSS came into force and appellant not heard before cognizance is an illegality would vitiate the proceedings

ndps return of property
Acquittal

NDPS: Confiscation: Sections 36-C and 51 NDPS do not deny the use of sections 451 (s.497 BNSS) and 457 (503 BNSS) and section 60 does not deny interim custody to bona fide owner

suspension of sentence
Acquittal

Suspension of Sentence: Appeal seems to be remote and having regard to the huge pendency of criminal appeals in the High Court bail ordered

prolonged investigation
Cr.P.C

Despite investigation records being untraceable and yet the investigation kept pending for two decades is nothing but delayed and denied justice

guidelines
General

Guidelines to remedy the persistent delay in the pronouncement of reserved judgments by High Courts