Ramprakash Rajagopal

827 Articles
arvind kejriwal interim bail
Acquittal

Mr. Arvind Kejriwal Interim Bail: Framing the questions of law on the arrest Hon’ble Supreme Court has referred to a larger bench further granted Interim bail to Kejriwal with the condition not to visit the CM office

return of property without court order
Acquittal

Investigation officer cannot release the case property without any court’s order also currency recovered was not produced before the court and the court convicted without the case property

how to contradict hostile witness?
Acquittal

Hostile witness contradiction: Public Prosecutor has to confront relevant portions to the witness and contradict as required by section 145 IEA

defer petition
Cr.P.C

Defer petition: If the defer petition was allowed then the cross-examination shall be conducted on the same day or the following day

Stab injury is enough to identify the intention and knowledge of the accused
Acquittal

Culpable homicide not amounting to murder: The nature of the injury itself is enough to find out the intention or knowledge of the accused

Acquittal

Quash: Cheating: Since the complainant’s filing of the FIR appears to be an attempt to misuse criminal law accused acquitted

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