Ramprakash Rajagopal

773 Articles
sudalaimani
Cr.P.C

Madras High Court settled that Confession could be used in favour of the accused to reduce the sentence (Is Sudalaimani overruled?)

Bail UAPA
General

Bail in UAPA: Discarding the Final report as reliable or inadmissible in evidence at the stage of considering bail application is not permissible and the courts have to consider only the allegations are prima facie true or not

dacoity
Acquittal

Section 395 IPC: Dacoity: Since there is no minimum sentence prescribed under section 395 IPC sentence reduced to already undergone

Dying Declaration

Dying declaration: Though there are inconsistencies and improvements in the witnesses statements dying declaration corroborated with medical evidence has proved the guilt of the accused

304A ipc sentence not mandatory
Acquittal

Section 304A IPC: Awarding sentence under section 304 A IPC is not mandatory

Acquittal

Ratio decidendi: Failing to inform the accused of the grounds of arrest, denying the opportunity to defend through counsel, and failing to provide information about the proposed remand is unconstitutional

Bigamy
Acquittal

Bigamy: section 494 IPC: Only the spouse can be charged for the offense under section 494 IPC and not their relatives and friends

magistrate can direct preliminary inquiry u/s 156(3) crpc
Latest

Section 156(3) Cr.P.C: Magistrates can direct Preliminary inquiry under section 156 (3) crpc and ask for action taken report from the station house officer (SHO)

Acquittal

PMLA & Section 88 Cr.P.C: An order accepting bonds under section 88 Cr.P.C from the accused does not amount to a grant of bail – A detailed discussion on Arrest, Summons, Warrant, Bail and Bond under section 88 Cr.P.C in complaint cases (particularly ED cases)

General

Section 313 Cr.P.C: Rape case: The stand taken by the accused that they have paid money for sexual intercourse was not put in the cross-examination of victim

3 judge bench

Quash: Delay in lodging fir without date and time affects the case

Class

The statement of the complainant recorded in the abscondence proceedings is a substantive piece of evidence as per section 299 Cr.P.C read with section 33 of IEA