STATE OF MADHYA PRADESH Vs. ASHWINKUMAR VISHNUDUTTA JHA

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order dated 8 -5 -1986 passed by the Special Judge, Indore in Criminal Case No. 2 of 1985 by which the respondent No. 1 was discharged of offences under Section 409 of Indian Penal Code, Section 5(l)(c), 5(l)(d) read with Section 5(2) of the Prevention of Corruption Act and Section 120B, Indian Penal Code. By the said order respondents 2 and 3 were also discharged of the offences under Section 496, Indian Penal Code, Section 5(l)(c), Section 5(l)(d) of the Prevention of Corruption Act and Section 120B, Indian Penal Code.

(2.) THE facts are stated lucidly in full detail in the impugned order of discharge. The material facts out of them may be stated thus. In the year 1980 -81 the annual examination of April 1981 was to be conducted of the premiddle standard by Director of Public Education, Bhopal according to rules. The respondent No. 1, under the rules, was incharge of the examinations of Indore Division in the capacity of the Divisional Education Superintendent. According to rules the accused was responsible for secrecy of question papers and proper conduction of the examination.

(3.) IT was alleged that the entire paper was sent to respondents 2 and 3. It was also alleged that 6 tonnes of paper could have been utilised in preparation of question papers and the answer books. The main allegation was that the respondent No. 1 in conspiracy with respondents 2 and 3 gave out that all the question papers leaked and further gave out that they had to be re -printed and finally showed that the remaining quantity of 9 tonnes of paper was used in re -printing question papers and answer books. The value of the paper was assessed at Rs. 45,000/ -. As a result of the inquiry made, it was found that in fact the second question paper and the answer books were never got printed and that the respondent/accused committed criminal breach of trust in respect of aforesaid 9 tonnes of paper worth rupees 45,000/ -.