SHAIKH PARWEJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides.

(2.) By this petition the petitioner seeks to impugn order dated 02-01-2004 passed by J. M. F. C. , Kannad in R. C. C. No. 356/2000 convicting the petitioner of the offence punishable under Sections 465, 468 and 120-B of IPC. The petitioner is sentenced to suffer r. I. for six months and fine of Rs. 250/- in default S. I. for 15 days for the offence punishable under Section 465; R. I. for one year and fine of Rs. 500, in default S. I. for 30 days, for the offence punishable under Section 468 and R. I. for one year and fine of Rs. 500/-, in default S. I. for 30 days for the offence punishable under Section 120-B of IPC. The petitioner further seeks to impugn the order dated 16-08-2005 passed by the appellate court in Criminal Appeal No. 20/2004, confirming the order of conviction and sentence passed by JMFC, Kannad.

(3.) Relevant facts giving rise to this petition are that the petitioner is an Assistant teacher in Sanjay Gandhi High School, kannad. Maharashtra State Education Board held examinations in the year 1989. For the purpose of valuation of the papers, the petitioner was appointed as a valuer. PW-7 mohammad Mujib Ulla was the moderator. After valuation of the papers by the petitioner, they were checked by the moderator and were sent to the Board. On 02-06-1989 Councilor i. M. Shaikh of Kannad Municipality and one sk. Mukhtar filed a complaint with President of the Maharashtra State Secondary and Higher secondary Education Board, Aurangabad in respect of the malpractices in valuation of the papers. For the purpose of making an inquiry into the allegations, PW-3 Shri. V. G. Suryawanshi was appointed as Enquiry officer. The Enquiry Officer found that the petitioner did increase the marks after additional answers were written by the student (accused no. 2) in the answer sheet and apparently has committed malpractices. On the basis of this report, Sayed Akhtar Hasan abedi (PW-1) lodged a report. After investigation, the proceeding was initiated against the petitioner in the court of JMFC, kannad.