Ramprakash Rajagopal

773 Articles
Impeachment
Ad. Ramprakash Rajagopal

Impeachment Proceedings and Role of Lawyers

ndps conviction
Acquittal

NDPS: Mere non-compliance or delayed compliance with section 52-A is not fatal unless irregularity affecting the integrity of the seized substance

witness
Acquittal

Witness did not name any person from the locality who had seen the incident and not a single witness from the locality was examined who had seen the incident

parameters
Cr.P.C

If the case does not fall within the recognised parameters for quashing courts must avoid delving into disputed facts at the pre-trial stage

confession fir
Acquittal

A confessional FIR given by one accused cannot be used against the other accused including the maker further contents of such FIR cannot be read in evidence

section 195A IPC
Cr.P.C

The offence under Section 195A IPC is a cognizable offence so the power of the police to take action in relation thereto under Sections 154 CrPC and 156 CrPC cannot be doubted

video conferencing
Acquittal

How to examine the witness through video conferencing is explained in this judgment but in a different way

dacoity
Acquittal

To prove dacoity the offence of robbery must first be established in the case on hand settlement between the parties dilutes the allegation of ‘dishonest intention’ leading to dacoity hence matter quashed

mini trial
BNS

High Courts shall not conduct ‘Mini Trial’ by embarking upon an enquiry about the credibility of the allegations in the complaint and the FIR

coaccused confession
Acquittal

Co-accused confession to the police may have relevance only on the recovery made in furtherance of the said disclosure

156
Acquittal

Even on a (private) complaint the Magistrate before taking cognizance is empowered to forward the complaint for investigation under section 156(3) Cr.P.C

section 149 IPC
BNS

Section 149 IPC: It is not necessary that each member of an unlawful assembly to commit overt act but once participation and sharing of a common object is proved every member is liable for the offence