Ramprakash Rajagopal

773 Articles
discharge
Acquittal

Discharge: When specific remedy is available under section 397 Cr.P.C the CBI ought not to have filed petition under section 482 Cr.P.C

pmla bail
General

PMLA-Bail:  Mandatory requirements of Section 45 PMLA not considered while releasing the accused on bail hence matter remanded back for fresh consideration

dowry death
Acquittal

Dowry death: Acquittal: Evidence on record is full of omissions amount to material contradiction

Acquittal

Firearm: Acquittal: Ballistic report opined that two bullets found in the bodies were not sufficient for comparison with the test fired bullets

asphyxia
Acquittal

Murder case: Asphyxia can be caused by Chronic tuberculosis and the ligature marks on the neck might be due to long journey of dead body

transfer of malice
Evidence

Transfer of malice: Act of accused was nothing but murder under section 302 IPC r/w section 301 IPC

dock identification
Acquittal

Dock identification not relied since the Test Identification was not conducted

public view
Acquittal

SC/ST Act: As per FIR accused insulted the complainant inside his office hence does not come within public view

dowry death
Acquittal

No moral conviction: Unless the deceased was subjected to cruelty or harassment or in connection with demand of dowry soon before her death presumption under section 113A IEA cannot be invoked

objection
3 judge bench

Electronic records objection: Though objection regarding absence of certificate under section 65B IEA not raised while marking but question put to the witness is treated as objection

skilled prosecutor
Acquittal

Elicited portions through contradiction as per section 145 IEA from sections 161 & 164 Cr.P.C statements are not substantive evidence

omission
Acquittal

Omissions: Witness does not recall if he told the police he was standing fifteen feet away during the incident