Ramprakash Rajagopal

773 Articles
Acquittal

Section 27 IEA: Mere exhibiting the disclosure statement to the IO is not sufficient but the IO must give description about the conversation while recording disclosure statements in evidence

Acquittal

Section 27 IEA: I.O did not narrate the exact words spoken by the accused while making a disclosure statement

Acquittal

Act 14 of 1982: Sexual offender: Unexplained delay of 21 days in considering the representation is prejudice to the detenu (with direction to the state government on giving counselling to the arrested teenagers)

land cheating
Acquittal

Cheating: After consideration if the land was not transferred to the complainant or did not exist or had been sold or transferred to somebody else then it is cheating

Cr.P.C

Protest petition: When the Magistrate does not treat the protest petition as a complaint and rejects it then the complainant can file a fresh complaint

Cr.P.C

Cancellation of bail: Accused are not entitled to bail if they are dreaded criminals

pmla and cognizance
Acquittal

PMLA & Cognizance: Under PMLA special court can take cognizance only by way of complaint filed by the authority authorized on this behalf

Acquittal

Homicide not amounting to murder: Though the accused shot the deceased but the weapon (Firearm) was not brought for the purpose of committing an offence in the liquor party

General

Section 451 Cr.P.C: Petition for disposal (return) of property cannot be filed directly by invoking Article 226 without invoking section 451 Cr.P.C before the concerned court

section 162 crpc
Acquittal

Observation of Hon’ble High Court that once the police recorded statements of the Doctor and PW-4, the statements of PW-4 and the Doctor before the Court became meaningless is contrary to section 162 Cr.P.C

Acquittal

Terrorist Act: Bail is a fundamental right under Article 21 of the Constitution even for Unlawful Activities (Prevention) Act, 1967 (SHOMA KANTI SEN)

section 340
Cr.P.C

Section 195(1)(b)(ii) would be attracted only when the document was in the custodia legis (custody of the law) and not otherwise