Ramprakash Rajagopal

773 Articles
section 451
BNSS

In money claim matters appropriate ownership of the sum of money can be determined only after all the evidence is taken and not at the stage of FIR

notice
Acquittal

Quash: NI Act: If the notice amount is different from the cheque amount then cheque proceedings are bad in law and the defence of typographical error is irrelevant

fight
Acquittal

Acquittal: Animosity between the parties is not sufficient to prove the crime either direct or circumstantial

disproportionate asset
Acquittal

PC Act: Mere registration of disproportionate assets in the name of public servant’s relative or friend does not make that person guilty of abetment [dissenting version in judgment]

quash remand order
Acquittal

Timely Quash order

Witness
Acquittal

Witness Protection Scheme, 2018 has no role to play in cancellation of bail on the ground of threatening the witnesses

sica and 138
General

SICA does not create any legal bar to file criminal case against a SICK company or its directors as per s. 138 N.I Act

dna
3 judge bench

DNA: Since the specimen samples collected must have been consumed when the first DNA report was prepared and hence the supplementary and the first DNA reports are piece of trash paper

goa act
Acquittal

Section 8 of the Goa Children’s Act 2003 intent is to protect children against serious forms of abuse and not to criminalise minor

sentence
Corruption Laws

P.C Act: Reduced the sentence of appellant already underwent imprisonment for 31 years

General

Disposal of criminal cases more than 3 years involving offences punishable with imprisonment of upto 3 years pending at trial appeal or revision stage

Cr.P.C

Victim’s right to prefer an appeal includes right to prosecute an appeal hence heirs of legal heir can prefer appeal and prosecute