STATE OF MAHARASHTRA Vs. BHARATSING GANPATSING THAKUR

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of acquittal dtd. 5-6-1989, passed by Chief Judicial Magistrate, Akola in regular Criminal Case No. 31/88.

(2.) ALL respondents, in this appeal stood ontrial before Chief Judicial magistrate, Akola for offences punishable under sections 7 and 8 of the Maharashtra prevention of Malpractices at University and Board and other specified Examinations act, 1982 and also under section 201 of I. P. Code.

(3.) THE prosecution case, in short, is that in the month of March, 1987 higher Secondary School Certificate (H. S. S. C.) and Secondary School certificate (S. S. C.) Examinations were in progress at various centres, conducted by secondary Education Board, Vidarbha Region. On 26-3-1987 at about 11. 50 a. m. the Collector of Akola District, Shri G. R. Bedge, called police Sub-Inspector shari Nagar at Janata High School Examination Centre at Barshitakali. The Collector has received information from one Ramkishor Shriwas (P. W. 5), who was editor of Hindi-cum-Marathi daily newspaper, that at Barshitakali examination Centre, cyclo-styled material composed of answers of the questions set, in question papers were distributed and sold to the students who were appearing for examination. The witness Ramkishor Shriwas had sent one Bajranglal to meet P. A. of the Collector and to handover some copies of the answers. The Collector Bedge thus visited the examination centre, called two persons namely Gulabrao Patil and Syed Musa to act as panchas in whose presence the copying material that was found thrown from the windows of the examination halls, was collected. It is the case of prosecution that when the Collector reached the centre, the students started throwing copy material out from the windows of the rooms. When he went on the back side of the building with staff, he found notes books and pieces of papers. All those materials were collected. He also found that some persons were burning some material. P. S. I. Nagare, Investigating Officer, seized those materials. He was called by the Collector in his office and some material was handed over to him. The material was seized under panchanama (Exh. 150) on 30-6-1987 when the investigation was carried out, and thereafter offence was register. After completing investigation charge-sheet was filed in the Court of Judicial magistrate against the respondents who came to be charged for offences under sections 7 and 8 of the Maharashtra Prevention of Malpractices Act. The allegations against the accused Nos. 34 and 35 are that they were writing mass copy at the examination Centre and accused No. 35 was charged for offence under section 201 of I. P. Code.