Ramprakash Rajagopal

811 Articles
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

murder
Acquittal

Acquittal: Who Pulled the Trigger? Prosecution version remains acceptable till the point of bullet entering the skull but suspicious when it travels upward while exiting the skull

PCPNDT, female child, foetus,  
General

Incomplete Form ‘F’ Attracts Substantive Penalties and Strict Adherence to Record-Keeping is Mandatory Under PCPNDT Act (Prenatal Diagnostics Act)

appeal
General

Joint appeal: ‘an appeal’ followed by ‘the appeal’ are same within the meaning of the sections 392, 374 and 378 Cr.P.C as if ‘any proceeding” followed by ‘the proceeding’ in Section 397 Cr.P.C thereof [Referred to Larger Bench]