BEENA PHILIPOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the Judgment rendered by a Division Bench of the Kerala High Court maintaining the conviction of the appellants while reducing the sentence of imprisonment.

(3.) The appellants were tried for commission of offence punishable under Section 420, 471, 120B read with Sections 466 and 468 of Indian Penal Code, 1860 (in short the "Code"). The allegations which led to the trial are essentially to the effect that appellant No. 1 secured admission to the Medical College, Thiruvanathapuram on the basis of forged mark-sheet. The appellant No. 1 had appeared for the Second year Pre- Degree Examination held by the Kerala University and had secured only a IInd class. Having secured 513 out of 1000 marks she could not have secured admission to the Medical College. She joined a degree course with Chemistry as the main subject and Physics and Mathematics as subsidiary subjects. After graduation, she continued to nurse the ambition to join the Medical College. She filed forged mark-sheets by showing that in the Chemistry main examination she had secured 491/600, though she had secured only 287/600. Similarly, for Mathematics subsidiary examination, instead of 92/200 she changed it 162/200 with the forged mark-sheet. She was shown to have scored 787/1000 instead of 513/1000 as has been actually scored by her. It was the case of the prosecution that as a result of conspiracy between first accused, i.e. appellant No. 1, second accused, i.e. father of the girl, appellant No. 2, accused No. 3 an official of the University accused No. 4 a Contractor and accused No. 5 who turned approver, the mark sheet was forged.