Ramprakash Rajagopal

827 Articles
kolkatta rape case
3 judge bench

Guidelines issued on Prevention of violence against medical professionals and providing safe working conditions

onerous condition
Acquittal

Conditions on AB: No impossible and Impracticable conditions shall be imposed while granting Anticipatory bail

Evidentiary value of fir: First version of the incident narrnated by police witness has to be treated as fir and the subsequent information lodged by the informant is hit under section 162 Cr.P.C
Acquittal

Evidentiary value of fir: First version of the incident narrated by police witness has to be treated as fir and the subsequent information lodged by the informant is hit under section 162 Cr.P.C

section 106
3 judge bench

Burden of proof: Section 106 IEA: Unless the prosecution has proved the initial burden the accused need not invoke section 106 Indian Evidence Act

section 141 ni act
Acquittal

Section 141 N.I Act: Unless assertions are made, vicarious liability of the Directors of the first accused company is not attracted

interim compensation for authorised signatory
Acquittal

Interim Compensation (section 143A N.I Act): Broader interpretation that Authorized signatory is accountable for sections 143A and 148 N.I Act would lead to unjust liability and not supported by the statute

section 307 ipc
Cr.P.C

Under Section 307 IPC (first part) court cannot be sentenced to undergo imprisonment beyond the period of ten years

exparte bail
Latest

High Court or Sessions court should be very slow in granting stay of order granting bail and should not grant exparte stay of the order granting bail

 withdrawal of prosecution, section 321, withdraw prosecution of murder case,
Cr.P.C

Withdrawal of prosecution: Section 321 Cr.P.C: Prosecution cannot withdraw a Murder case and the court cannot allow by saying that the accused has a good public image

discharge and criminal conspiracy
Acquittal

Discharge Petition: Section 227 Cr.P.C: Courts must refrain from considering the grounds referring the case of the accused in discharge petition

suicide case
Acquittal

Section 306 IPC: There must be either an instigation or an engagement or intentional aid to ‘doing of a thing’ and based on that accused must have encouraged the person to commit suicide

Murder intention
Evidence

Murder intention confirmed: If the accused has no intention, then he could not have gone into his house and brought billhook to assault the accused