Ramprakash Rajagopal

827 Articles
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

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