STATE OF H.P. Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 17.2.2000 passed by learned Judicial Magistrate 1st Class, Court No. 2, Mandi, acquitting the respondent under Section 7 of the Himachal Pradesh Prevention of Malpractice at University, Board or other specified Examinations Act, 1984 (for short Act).

(2.) THE brief facts of the case are that the respondent was sitting in B.A. Part -II final examination under roll No. 118987 on 19.4.1995 at Government College, Mandi. At about 2.30 p.m. on 19.4.1995 the examination centre where the respondent was appearing was checked by flying squad of the university consisting of Rajender Singh Chauhan, H.C. Sharma and Mala Lal Korla etc. On checking, it was found that the respondent was in possession of supplementary answer book containing hand written objectionable material which was smuggled into the examination hall for the purpose of copying. The respondent on being caught by the flying squad ran away from the examination hall leaving behind his answer book and supplementary answer book. The matter was reported to the Police Station, Sadar Mandi by the Centre Superintendent vide application dated 19.4.1995 and on that basis FIR No. 173/95 came to be registered at Police Station, Sadar Mandi under Section 7 of the Act. After completion of the investigation challan was filed, notice of accusation was put to the respondent under Section 7 of the Act, to which he pleaded not guilty and claimed trial. The prosecution examined nine witnesses. The statement of respondent was recorded under Section 313 Cr. P.C. and he pleaded his innocence. The learned trial Magistrate acquitted the respondent as noticed above, hence this appeal.

(3.) IN order to appreciate the respective contentions of the learned Counsel appearing for the parties, it is necessary to refer the prosecution evidence. PW -1 O.P. Kaushik, Principal Government College, Karsog has stated that on 19.4.1995 he was Centre Superintendent at Mandi College. Flying squad from H.P. University came, Professor R.S. Chauhan searched the accused who was writing B.A. Part -II examination, a supplementary answer sheet was recovered from his possession which was containing incriminatory material which could help in solving the question paper. The accused ran away from the examination centre. Ex. P -1 is the answer book and Ex. P -2 is the supplementary answer book.