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Supreme Court Partly Allows Appeal in NDPS Act Case, Modifying Sentence on Double Punishment Grounds. Separate sentences for offences under Sections 20 and 25/29 from same transaction held impermissible, and fine cannot be cumulative when sentences run concurrently under Section 53 IPC.

The appeal arose from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant and a co-accused were intercepted dur...

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High Court of Karnataka Quashes POCSO and IPC Proceedings Against Accused No.5 Due to Lack of Prima Facie Evidence of Sexual Assault or Abetment. Mere Presence Without Active Participation Does Not Constitute Abetment Under Section 114 IPC or Section 17 POCSO Act.

The petitioner, Prasad A.A., Accused No.5 in Spl.C.C.No.5025/2019, filed a petition under Section 482 CrPC seeking quashing of proceedings for offence...

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Bombay High Court Dismisses State Appeal Against Acquittal in Cruelty and Abetment to Suicide Case — Suicide Note Exonerating Husband and Lack of Proximity to Suicide Fatal to Prosecution.

The State of Maharashtra appealed against the acquittal of two sisters-in-law (respondents) charged under Sections 498A and 306 read with Section 34 I...

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Bombay High Court Acquits Mother in POCSO Abetment Case — No Evidence of Intentional Aiding. Section 17 POCSO Act requires mens rea and overt act; mere presence or failure to protect insufficient for conviction.

The appellant, Asha Patil, was convicted under Section 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for abetting the se...

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High Court of Karnataka Allows NIA Appeal Under Section 21(1) of NIA Act, 2008 Against Rejection of Tender of Pardon Under Section 306 CrPC — Held That Order Rejecting Pardon Application Is Not Interlocutory and Is Appealable.

The National Investigation Agency (NIA) filed an appeal under Section 21(1) of the National Investigation Agency Act, 2008, challenging an order dated...

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Bombay High Court Quashes Proceedings Against Teacher in Abetment of Suicide Case — No Prima Facie Case of Instigation or Abetment Established. Allegations of Harassment by Colleagues Not Sufficient to Attract Section 306 IPC Without Direct or Indirect Acts of Instigation.

The petitioner, Sanjay Kumar K. Shinde, was one of five accused in Sessions Case No.47 of 2012 pending before the Sessions Court at Nashik, charged wi...

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Bombay High Court Allows Appeal in SC/ST Act Case — Conviction Set Aside Due to Lack of Evidence of Public View. Caste-Based Insult Allegation Fails as Incident Occurred Inside House, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Digambar Bhujang Kamble, was convicted by the trial court for an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tr...

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Bombay High Court Acquits Accused in MCOCA Case Due to Lack of Evidence of Organised Crime Syndicate Membership. Conviction under Section 307 IPC and Arms Act Set Aside as Prosecution Failed to Prove Conspiracy and Unlawful Activity.

The case involves an appeal by accused No.2 (Mohamad Iqbal Farooq Sheikh) and accused No.3 (Salim Aziz Shah) against their conviction by the Special J...