Ramprakash Rajagopal

827 Articles
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

summons
Acquittal

Quashed: Summoning order should not be vague and must be a speaking one

filthy language
Acquittal

Employer-Employee: Complaint (employee) does not indicate that the appellants (employers) used filthy language

community service
Evidence

Community service or compensation? Though appellant is eager to do community service the lack of opportunities leads to a direction to pay compensation

suicide
Acquittal

Section 306 IPC [s.45 BNS]: Duty of realising outstanding loans for employer cannot be said to have instigated to commit suicide

conviction
3 judge bench

Appreciation of hostile witness explained [A must carry judgment by prosecutors]

maintenance
Cr.P.C

Section 125(4) Cr.P.C: “No divorce No maintenance?” Supreme Court decided on factual aspect

suicide
Acquittal

Court cannot presume suicide under section 113A IEA without proof of evidence of aiding or instigating