Ramprakash Rajagopal

762 Articles
dying declarations
Acquittal

Though there are variations in the two dying declarations the second dying declaration is found more believable and witnesses did not state many facts in their 161 statements

bail
Acquittal

Court must balance State’s interest and accused’s fundamental right to liberty and should not reject the A.B based on mere A.G or P.P’s statement on offence

complaint and bail
Ad. Ramprakash Rajagopal

Obtain Bail or Anticipatory Bail in Complaint cases or Go Inside

complaint bail
Acquittal

Complaint case: Police cannot arrest in complaint cases without an order of arrest u/s 87 Cr.P.C from the court

eye-witness
BNS

Murder case: The eyewitness testimony is trusted more than the doctor’s testimony because eye-witness survived cross-examination

suspension
Acquittal

Since a previous bench suspended the sentence in another case that arose out of the same crime number the present bench suspended the next one

hostile
Corruption Laws

Hostile witness: Trustworthy portions of complainant cannot be eschewed even though he affirmed every suggestion made by the defence

suicide
Acquittal

Quash: To frame charge under section 306 IPC court must check for the part of the accused in causing the suicide carefully since the main person is not available for cross-examination

maintenance
BNSS

Maintenance of wife is the Legal Priority over husband’s financial Commitments

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