Ramprakash Rajagopal

827 Articles
Bigamy
Acquittal

Bigamy: section 494 IPC: Only the spouse can be charged for the offense under section 494 IPC and not their relatives and friends

magistrate can direct preliminary inquiry u/s 156(3) crpc
Latest

Section 156(3) Cr.P.C: Magistrates can direct Preliminary inquiry under section 156 (3) crpc and ask for action taken report from the station house officer (SHO)

Acquittal

PMLA & Section 88 Cr.P.C: An order accepting bonds under section 88 Cr.P.C from the accused does not amount to a grant of bail – A detailed discussion on Arrest, Summons, Warrant, Bail and Bond under section 88 Cr.P.C in complaint cases (particularly ED cases)

General

Section 313 Cr.P.C: Rape case: The stand taken by the accused that they have paid money for sexual intercourse was not put in the cross-examination of victim

3 judge bench

Quash: Delay in lodging fir without date and time affects the case

Class

The statement of the complainant recorded in the abscondence proceedings is a substantive piece of evidence as per section 299 Cr.P.C read with section 33 of IEA

ndps and confession
Acquittal

NDPS Act: Confession statement: Statement recorded under section 67 of NDPS Act is hit under Article 20(3) of the Constitution of India

contradiction and omissions
Acquittal

Contradictions & Omissions: What are contradictions and omissions and how to cross (contradict) the witnesses with their previous statement has been explained

history sheet
Acquittal

History sheet: Except the accused and co-accused history sheet does not contain juvenile and other innocent names further directed all the State to amend in their Police Standing Orders

hostile by won over
Evidence

Hostile & won over: Since there is a long gap between the Chief and cross-examination it appears that the witnesses were won over and confirmed the conviction

Evidence

Murder case: Conviction: Nothing elicited in cross-examination regarding the presence of the eye-witnesses

murder case
Acquittal

Murder case: Acquittal: The witnesses are totally unbelievable as such they informed as if accused have climbed into the chaubara which has no gate through a ladder and caused fatal injuries to the deceased who was sleeping in the open space