Ramprakash Rajagopal

773 Articles
Acquittal

Tutoring witness: Police cannot be allowed to tutor the prosecution witness and this kind of interference by the Police with the judicial process amounts to gross misuse of power by the Police machinery

circumstantial evidence
Acquittal

Two views theory: If two views are possible then the High court can interfere in the findings of the trial judge only if it is perverse or impossible

security cheque
Acquittal

Section 138: After the civil court declares the cheque as security the sentence and damages provided by the criminal court would not lie

Acquittal

Anticipatory Bail: Court is required to focus on the role attached to the accused whose application is under consideration

juvenile justice act 2015
Acquittal

Juvenile Justice Act, 2015: Though offences POCSO and Murder have been proved accused acquitted based on procedural illegalities

abetment to suicide
Acquittal

Section 306 IPC: A casual remark that is likely to cause harassment in ordinary course of things does not constitute offence under section 306 IPC

objections and irrelevant questions
Acquittal

Objection: When chief-examination of Prosecution witness is being recorded presence of accused advocate is required to object to a leading or irrelevant question being asked to the witness

CBI investigation
General

CBI investigation: Only constitution courts are empowered to direct CBI Investigation

Acquittal

Section 420 IPC: The contention that since charge sheet has been filed the present appeal is to be dismissed was rejected

153A IPC
Acquittal

Section 153A IPC: To constitute an offence under section 153A IPC words spoken or written must create enmity between different groups

circumstantial evidence
Acquittal

Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen

dock identification
Acquittal

TIP: Dock identification for the first time in the absence of proper identification parade is doubtful