STATE OF H.P. Vs. KAMAL DEEP

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, Himachal Pradesh, rendered on 25.09.2006 in Criminal Case No. 105 -III/2001, whereby, the learned trial Court acquitted the accused/respondent herein qua the offence punishable under Section 7 of the H.P. University and Education Board (Prevention of Malpractices in Examination) Act, 1984.

(2.) The facts relevant to decide the instant case are that accused Kamal Deep was studying in Matric in Government Senior Secondary School, Baddal Thore during academic session 2000 -01. In the month of March, 2001, he appeared in the matriculation examination conducted by the H.P. Board of School Education, Dharamshala. Accused appeared in the examination on 24.3.2001 at the center of Government Senior Secondary School, Baddal Thore in the paper of science. He was given answer sheet No. 0731568. On the aforesaid date, when he was appearing in the examination, he was found in possession of heavy relevant printed material. Unfair Means Case was framed upon him by the H.P. Board of School Authority during the meeting of Standing Committee. On 24.3.2001 accused had also fled away with the answer sheet from the examination center which was lateron recovered from him by the police in the presence of witnesses. On the basis of afore narrated facts, FIR was registered in the police station concerned against the accused. The police completed all the codel formalities.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.