YADAV NATHOBA KOHCHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE appeals are directed against appellants' conviction for offences punishable under sections 420, 468, 471 read with sections 109/34 of the Penal Code, section 120-B and section 409 of the Penal code and sentences imposed upon them for those offences by the learned 2nd additional Chief Judicial Magistrate, Nagpur, in Criminal Case No. 361 of 2002.

(2.) THE facts which led to prosecution and conviction of the appellants are as under : appellant Mahendra Gote in Criminal Appeal No. 88 of 2008, original accused No. 1 before the trial Court, was a student of LL. B. Final Year degree course. He had appeared for final year examination in Summer of 1996 and his roll No. was 6302. He seems to have failed in all the seven subjects and had applied for revaluation in those subjects.

(3.) PROCEDURE for conduct of examinations is prescribed in Ordinance No. 9 issued by the Nagpur University. It provides, among other things, from Clause 57 onwards, for appointment of tabulators, scrutineers, etc. , and their respective roles. This ordinance did not provide for revaluation, which facility was introduced by Ordinance No. 159. Ordinance No. 159 providing for revaluation merely gives sketchy procedure about revaluation. It does not lay down the procedure to be followed internally by the University administration. Therefore, it may be taken that the provisions of Ordinance No. 9 would apply mutatis mutandis to revaluation as well.