Ramprakash Rajagopal

827 Articles
suspension of sentence
BNS

Setting aside a bail order (including suspension of sentence) by a higher court is not the same as cancelling bail as the former is concerned with the justifiability and soundness of the order granting bail

remission
BNS

The Sessions Court has no power to sentence the accused to life without remission

false recovery
Evidence

Seizing material objects from the body of the accused and attempted to convert it as recovery is against the principle of section 27 IEA

NDPS
BNS

NDPS: Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature hence sentence is not reduced

Murder
Evidence

Accused is armed and the deceased is unarmed hence exception 2 (private defence) to section 300 IPC not applicable

Impeachment
Ad. Ramprakash Rajagopal

Impeachment Proceedings and Role of Lawyers

ndps conviction
Acquittal

NDPS: Mere non-compliance or delayed compliance with section 52-A is not fatal unless irregularity affecting the integrity of the seized substance

witness
Acquittal

Witness did not name any person from the locality who had seen the incident and not a single witness from the locality was examined who had seen the incident

parameters
Cr.P.C

If the case does not fall within the recognised parameters for quashing courts must avoid delving into disputed facts at the pre-trial stage

confession fir
Acquittal

A confessional FIR given by one accused cannot be used against the other accused including the maker further contents of such FIR cannot be read in evidence

section 195A IPC
Cr.P.C

The offence under Section 195A IPC is a cognizable offence so the power of the police to take action in relation thereto under Sections 154 CrPC and 156 CrPC cannot be doubted

video conferencing
Acquittal

How to examine the witness through video conferencing is explained in this judgment but in a different way