ANIL KUMAR Vs. STATE OF U.T., CHANDIGARH

JUDGEMENT

(1.) By virtue of this common order, this Court proposes to dispose of two petitions i.e. bearing CRR-2058-2022 titled as Anil Kumar Versus State of U.T., Chandigarh and CRR-2135-2022 titled as Harpreet Singh Versus State of U.T., Chandigarh.

(2.) The present revision petitions have been preferred against the judgment dtd. 13/9/2022 passed by the Additional Sessions Judge, Chandigarh vide which the appeals preferred by the petitioners against the judgment of conviction and order of sentence dtd. 25/10/2016 passed by the Judicial Magistrate, 1st Class, Chandigarh has been dismissed.

(3.) The brief facts of the prosecution case are that the complainant Shri Yogesh Kumar, Clerk, CRA, Punjab and Haryana High Court, Chandigarh gave a complaint to the effect that he was deputed for duty on 16/9/2012 at GGDSD College, Sector 32-C, Chandigarh regarding the test for the post of Clerk. During the checking of the identity of the candidates from the admit cards in Room No.25, it was found that the appearance of a person sitting at Roll No.18544 did not match with the photograph. On suspicion, he was asked about the details regarding his date of birth and address. He could not give a satisfactory reply and then admitted that he had appeared in the examination in place of Anil Kumar son of Shri Balwant Singh (petitioner in CRR-2058-2022) and according to him, his real name was Harpeet Singh son of Narender Pal Singh (petitioner CRR-2135-2022) and he belonged to Delhi. Thus, Harpreet Singh who was apprehended at the spot, impersonated and appeared as Anil Kumar son of Shri Balwant Singh. During investigation, accused Anil Kumar was arrested. Statements of witnesses under Sec. 161 of Code of Criminal Procedure, 1973 were recorded. After completion of investigation, the challan against the accused was prepared and presented in the Court for trial.