Ramprakash Rajagopal

773 Articles
bail
Acquittal

Bail: Since the appellant has another case of cheating in which many people are involved and there is no option of escape from trial

pocso cancellation
General

Before granting bail High Court should have considered the chargesheet filing and available prima facie materials for POCSO offence

POCSO: The necessity of the Romeo-Juliet Clause to safeguard against the misuse
Acquittal

POCSO: The necessity of the Romeo-Juliet Clause to safeguard against the misuse

delay
Acquittal

Section 142 N.I Act mandates the delay must first be condoned before taking cognizance till then the it does not figure as a regular matter on the court’s file till the delay is condoned

acquittal
Acquittal

Acquittal: Though circumstantial evidence casts doubt on the homicide committed by the accused but the same is inconclusive without any corroborative evidence and based on mere last seen together

revision
Acquittal

Neither the State nor the Victim nor the Complainant had sought enhancement in appeal but the High Court converted the sentence into a conviction of the accused in a suo-motu revision is illegal

abatement
BNSS

Abatement: If a particular proceeding shall be instituted and prosecuted by a particular person only then on his death the proceeding would abate

suspension of sentence
BNS

Setting aside a bail order (including suspension of sentence) by a higher court is not the same as cancelling bail as the former is concerned with the justifiability and soundness of the order granting bail

remission
BNS

The Sessions Court has no power to sentence the accused to life without remission

false recovery
Evidence

Seizing material objects from the body of the accused and attempted to convert it as recovery is against the principle of section 27 IEA

NDPS
BNS

NDPS: Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature hence sentence is not reduced

Murder
Evidence

Accused is armed and the deceased is unarmed hence exception 2 (private defence) to section 300 IPC not applicable