STATE OF H.P. Vs. CHOHAN SINGH

JUDGEMENT

(1.) Present appeal has been preferred by State against the judgment dtd. 1/6/2012, passed by the Special Judge, Kullu H.P. in Corruption Case No. 2/2010, titled State of HP vs. Chohan Singh and others, whereby respondents have been acquitted by the Trial Court in Case FIR No. 3/2008 dtd. 6/2/2008 registered in Police Station State Vigilance and Anti Corruption Bureau, Kullu, under Ss. 420, 467, 468, 471 and 120-B of Indian Penal Code (in short 'IPC') and Sec. 13(2) of the Prevention of Corruption Act, 1988 (in short 'Corruption Act').

(2.) As per prosecution case, on 25/10/2007, an anonymous complaint was received by the Chairman, H.P. Board of School Education Dharamshala, alleging that respondent Chohan Singh had appeared in 10+1 examination in March, 2004 and he was placed under compartment in subject of English, whereupon he submitted his examination form for supplementary examination to be conducted in September, 2004. The Board issued Roll No. 20073 to him but Chohan Singh did not appear in examination and his result was declared as absent in English and there was last chance for passing the examination in English subject in March, 2005. But instead of passing the examination, he connived with dealing Clerk and by adopting illegal means, he got his roll number changed in the result sheet from 20073 to 20074 with interpolation of marks sheet reflecting 41 marks obtained by him in English against the changed Roll Number.

(3.) According to complaint, in the gazette of examination result of September 2004, roll number of Chohan Singh was 20073 and against the same roll number, his result was declared. After that, petitioner filed an application for the change/correction of name of his mother under Roll No. 20074 and in connivance with employees of General Administration name of his mother was changed/corrected by Sec. Officer under his signatures. In aforesaid complaint, request was made to take appropriate action. The complaint has been placed on record as Ext.PW22/B.