(1.) These appeals are directed against appellants' conviction for various offences and sentences imposed upon them for those offences by the learned 2nd Additional Chief Judicial Magistrate, Nagpur, in Criminal Case No.380 of 2002.
(2.) In the year 1999, a scandal of bogus degrees, mark-sheets and unwarranted increase of marks in revaluation at various examinations conducted by the Nagpur University surfaced. The University authorities reported the matter to police, whereupon Crime No. 194 of 1999 was registered on 24-3-1999 on the complaint of Shri Prakash Mistry. Two other crimes were also reported. In course of investigation of these crimes, some more matters surfaced. On 21-6-1999, on a report by Shri Prakash Mistry, Crime No.346 of 1999 was registered against some students of the University. Eventually, in Crime No.348 of 1999, Shri Prakash Mistry was himself arrested by the police. Investigation into the crimes was conducted by PI Sayyid and after him by PSI Anil Lokhande. Originally one charge-sheet was filed bearing Regular Criminal Case No.387 of 1999 and after separate trials were ordered, separate supplementary charge-sheets for various offences came to be filed against various offenders.
(3.) Facts, which led to prosecution and conviction of the appellants are as under: Appellant Rajendra Yadav in Criminal Appeal No.66 of 2007, who was accused No. 1 before the Trial Court, was a student, who had appeared at Part I of BE Examination in Winter 1998. He failed in some of the subjects at the said examination. The Nagpur University permitted revaluation of answer books in terms of Ordinance No. 159 at the instance of such failed candidates. Therefore, accused No.l Rajendra Yadav applied for revaluation of his paper of Physics, among others, by paying requisite fees.