Ramprakash Rajagopal

773 Articles
bribe and presumption
3 judge bench

PC Act: Sections 7, 13(1)(d)(i) and (ii): Presumption can also be drawn for smaller bribe amounts further accused has not proved that rs.2000 bribe amount was a legal fee or repayment of loan

bail
Acquittal

Courts must be loath to grant bail after trial commences

Murder case
Acquittal

Murder case acquittal: How to appreciate Circumstantial evidence is explained

break up is not offence
Acquittal

Section 306 IPC: Suicide: Break ups and expressing emotions through words do not constitute instigation to commit suicide but suicides depend on the victim’s mental state

How to mark confession?
3 judge bench

How to mark confession explained: If inadmissible portions of confession are allowed in deposition, there is a significant risk that the trial courts may be influenced by it

section 195
Cr.P.C

Under section 195 Cr.P.C Hon’ble High Court can commence criminal proceeding

quash
Acquittal

S. 303(2) BNS: Anticipatory Bail was filed for a bailable offence however the  Hon’ble High Court quashed the FIR

quash compromise
Cr.P.C

POCSO COMPROMISE QUASH: Power under section 482 Cr. P.C could not be used to quash heinous offences based on compromise which has a serious impact on society

quash
Acquittal

Quash: Bald allegation as if Granddaughter compelled Grandparent to execute the deed in favour of her would not attract offence

vao confession
Acquittal

Extra-Judicial confession: VAO is total stranger and no necessity for the accused to trust him to confess

sanction
Cr.P.C

Cognizance taken without sanction does not prevent ED to seek cognizance again after obtaining the necessary sanction

appeal against acquittal
Acquittal

Court Martial Murder Case: Armed Forces Tribunal: Order of acquittal enhances the presumption of innocence