Ramprakash Rajagopal

773 Articles
no onerous conditions on bail
Acquittal

No onerous bail conditions: Condition imposed by the Hon’ble High Court directing the accused to demolish the wall of the complainant at accused’s cost tantamount to deprivation of civil rights rather than to ensure the accused’s presence during trial

Remission-Procedure-Set-out
Acquittal

Remission Procedure Set out: Section 432 Cr.P.C: Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission further Hon’le Supreme Court sets the standards for granting and cancelling remission

Cr.P.C

Reversal of acquittal: Procedure: Collusion and motive of the accused synthesizes with the medical evidence and false explanation hence reversal of acquittal is correct

Acquittal

Section 389 Cr.P.C: Condition for Suspension of Sentence: Appellate court should confirm that the condition does not make it difficult or impossible for the accused to comply

appeal against acquittal
Acquittal

Appeal against acquittal: Appellate court would not scrutinize evidence once again unless there has been a total miscarriage of justice

cheating
General

Cheating: Taking possession of the truck on hire and failing to pay hire charges for months together while making false promises for its payment shows dishonest intention on the part of the accused

3 judge bench

Honour killing: Filicide: Capital punishment modified to 20 years of imprisonment for murdering accused’s own pregnant daughter for inter-caste marriage

discharge
Acquittal

Discharge: P.C Act: Even taking the entire material as correct the only suspicion which is the speed of sanctioning the proposal was a mere suspicion not enough to frame the charge

section 319
Acquittal

Section 319 Cr.P.C: Trial court can decide whether an application under section 319 Cr.P.C should be decided with or without waiting for cross-examination

further investigation
Cr.P.C

Further Investigation can be permitted only new facts come in trial also Hon’ble Supreme Court categorised the present case as causing delay in trial for no genuine grounds exist

reversal of conviction
Acquittal

Reversal of conviction: Though post-mortem report indicates the death was unnatural and murder cannot be ruled out but since no direct eye-witness to the incident the link of causation between the accused and offence is missing

reversal of acquittal
3 judge bench

Reversal of acquittal: Any person can be an informant of a case, and the police may also register a case on their own further accused must explain what prejudice he got in delay in forwarding the fir to the magistrate