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2025 Supreme(Bom) 1394

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Anil S.Kilor, Pravin S.Patil
Nishant S/o. Pradeep Agrawal – Appellant
Versus
Anti Terrorist Squad, Lucknow, through Investigating Officer, Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant :Shri Sunil Maohar, Sr.Advocate a/b Shri C.B.Barve, Advocate
For the Respondent: Shri S.S.Doifode, Addl.Public Prosecutor a/w Shri A.B.Badar, APP

Table of Content
1. conviction details and charges (Para 2)
2. summary of prosecution claims against the accused (Para 3 , 4 , 5)
3. defendant’s defense strategies outlined (Para 24 , 33)
4. prosecution's failure to prove intent (Para 28 , 29)
5. justification of the elements required for conviction (Para 30 , 39 , 115)
6. mens rea as essential for conviction (Para 35 , 106)
7. conduction of testimonial evidence examined (Para 118 , 120)
8. final ruling against prosecution's claims (Para 129)

JUDGMENT :

Anil S. Kilor, J.

1. Heard.

2. This is an appeal filed under Section 374 of the Criminal Procedure Code questioning the legality and validity of the judgment and order dated 3rd June, 2024 passed by the learned Additional Sessions Judge-1, Nagpur in Sessions Case No.726 of 2021, thereby convicting the appellant for offences punishable under Section 66-F of the Information Technology Act, 2000 (hereinafter referred to as “the Act of 2000”) read with Section 3(1)(c) and Section 5(1)(a), (b), (c) and (d) of the Official Secrets Act, 1923 (hereinafter referred to as “the Act of 1923”).

3. The appellant is sentenced to suffer life imprisonment for the offence punishable under Section 66-F of the Act

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