BALWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner sought admission to Post Graduate Diploma in Computer Application (PGDCA) in Kurukshetra University during the session 2003-04. Alongwith his application he attached detailed mark-sheet of B.A. Part-III examination purportedly issued by Controller of Examination, University of Delhi. He appeared in the examination held in May, 2004 under Roll No. 89480 but result was declared as re-appear in five papers except 6 th paper of the practical.

(2.) Subsequent to that a complaint was received in the University that the petitioner has sought admission on the basis of fake qualification certificates. Copies of Matriculation and B.A. Part-III examination certificates as submitted by the petitioner at the time of his admission were sent to the Secretary, Central Board of Secondary Education (CBSE), New Delhi and Controller of Examination, Delhi University for verification. Assistant Secretary, CBSE, Ajmer sent communication that the Matriculation certificate (AISSE-1996) submitted by the candidate was not genuine. Report from the Controller of Examination, Delhi University was yet to be received but on the basis of report from the Assistant Secretary, CBSE, FIR was registered on the complaint of Assistant Registrar of Kurukshetra University.

(3.) During investigation verification report with regard to detailed mark-sheet of B.A. Part-III from Delhi University was obtained and the same was also found to be fake. Charges against the petitioner were framed under Sections 420, 467, 468 and 471 of the Indian Penal Code (IPC). Since there was no direct evidence of commission of forgery by the petitioner himself, learned trial Court held the petitioner guilty only under Section 471 IPC for having fraudulently used the forged documents as genuine and knowing or having reasons to believe the fake documents to be genuine. So, for rest of the offences the petitioner was acquitted.