Ramprakash Rajagopal

812 Articles
amicus
Evidence

If unnecessary adjournment seeks for cross-examination then the courts are empowered to appoint amicus for cross-examination

interested witness
Evidence

Merely witnesses are relatives of deceased is not a ground to discard the testimony

death penalty to acquittal
3 judge bench

Death penalty to acquittal: Supreme Court acquitted a death penalty accused by stating that it is shocked to see trial court imposed death penalty instead of acquitting him

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