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december 1960

Supreme Court of India · 1960-12-09

THE STATE OF BOMBAY vs S. L. APTE & ANOTHER

Citation / case number
SC 1957/60010
Court
Supreme Court of India
Petitioner
THE STATE OF BOMBAY
Respondent
S. L. APTE & ANOTHER
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that Article 20(2) of the Constitution prohibits double jeopardy, meaning no person can be prosecuted and punished for the same offence more than once. The Court analyzed the distinct ingredients of offences under Section 409 of the Indian Penal Code and Section 105 of the Insurance Act, concluding they are not identical despite some common elements. Therefore, the respondents were not being punished for the same offence, and the appeal against the acquittal was dismissed, affirming the lower court's decision.

THE STATE OF BOMBAY vs S. L. APTE & ANOTHER · Niyam