Ramprakash Rajagopal

827 Articles
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

vao confession
Acquittal

Extra-Judicial confession: VAO is total stranger and no necessity for the accused to trust him to confess

sanction
Cr.P.C

Cognizance taken without sanction does not prevent ED to seek cognizance again after obtaining the necessary sanction

appeal against acquittal
Acquittal

Court Martial Murder Case: Armed Forces Tribunal: Order of acquittal enhances the presumption of innocence

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