Ramprakash Rajagopal

801 Articles
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

charge sheet
Acquittal

If the Magistrate cannot direct the I.O to file a particular opinion (charge sheet) then the S.P has no power to direct the same

corpus
BNS

Murder: Conviction: Corpus delicti means that the offence has been committed and not that the dead body of the murdered person has been recovered

pocso case
Acquittal

As per section 21 POCSO Act only those who received credible information directly could be prosecuted for failure to report and not all the teachers or office bearers of the institution also no suppression of information is reported

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

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