Ramprakash Rajagopal

812 Articles
Latest

Though the judge assigned reasons retaining file of a case after demitting the office is an act of gross impropriety

voluntary surrender
Acquittal

Surrender: Without any order under section 204 Cr.P.C no summons could have been issued and based on that accused shall not be arrested or taken into custody even he voluntarily surrenders

Tejashwi Prasad Yadav
Acquittal

Quash: Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn

IPC

Sentence reduced: It is important to analyse the role of every accused participated in the crime

Acquittal

Reversal of Acquittal: Appellate court cannot reverse the acquittal on fresh appreciation of evidence and without recording any illegality error of law or of fact in the Trial court judgment

General

Section 138 N.I Act: Time barred debt or not itself a prima facie for evidence and cannot invoke section 482 cr.p.c to quash the same

Acquittal

Identification of ornaments: It is necessary to examine the person from whom the other identical ornaments were brought

General

Life sentence reduced: No separate sentence for POCSO is imposed while maintaining conviction under section 376 AB IPC

Limitation and s.468 cr.p.c
482

Limitation: Court cannot use the judgment decided on the complaint case for police cases

General

Section 391 Cr.P.C: If no questions put to the witnesses or lead evidence the appellate court has no obligation to allow application filed under section 391 Cr.P.C

Acquittal

SC/ST Act: No intention accused had to insult the complainant based on her caste

defamation
Acquittal

Defamation: Article was published was in good faith and in exercise of fundamental right of freedom of speech and expression