STATE OF HIMACHAL PRADESH Vs. RAJESH KUMAR

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement of acquittal recorded by the learned Chief Judicial Magistrate, Hamirpur, H.P.

(2.) The brief facts of the case are that on April, 2000 in Government Degree College, Hamirpur, the final examination of under graduate classes were going on. On 220.4.2000 in the evening shift from 2 p.m to 5 p.m it was English paper of B.Com part-1. The accused Rajesh Kumar appeared in said examination in place of co-accused Kamaljeet. The invigilator detected the aforesaid impersonation and reported the matter to the Superintendent of Examination, who took the accused Rajesh to the Principal of the College. The police was informed. During investigation I.O. prepared the spot map and after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) A charge stood put to the accused, by the learned trial Court, for his committing offences punishable under Sections 419 and 109 IPC, to which he pleaded not guilty and claimed trial.