State Vs Bhawna Malik & Ors. (Dwarka District Courts)
Succinctly stated, the Institute of Chartered Accountants of India (hereinafter referred to as ‘ICAI’) conducts various exams and one such exam Common Proficiency Test (herein after referred to as ‘CPT’) was to be conducted on 05.08.2007 across India. One centre no.44 was DAV Public School, West Patel Nagar, New Delhi and even before morning session examination at 9 AM was conducted, a sting operation was aired on India TV News channel, that their team of investigative journalist had gone to unearth leak of exam on the intervening night of 4-5th August 2007. The ICAI under Chairmanship of G. Soma Shekher sent representative to ascertain the facts from India TV News Channel and upon finding material of paper leak, lodged the present FIR. Investigation was carried out and considering the gravity of the same, investigation was taken up by the Crime Branch department. From detailed investigation, School Principal Bhawna Malik, Centre Superintendent Diksha Dhingra were found to have conspired with accused Sudesh Kumar and Satish Kumar Singh to cheat the ICAI as well as thousands of aspirants by opening seal of question paper delivered to DAV Public School on 30th July 2007 and having distributed papers to few aspirants in return of monies. On completion of investigation, the present chargesheet was filed and since accused Satish was absconding, he was later arrested and supplementary chargesheet was filed against him. Thus the chargesheet presented before this Court is under Section 420/409/120B Indian Penal Code (hereinafter referred to as ‘IPC’) against all four accused.
SUPPLY OF CHARGESHEET, CHARGE AND PLEA OF ACCUSED PERSONS
2. The copy of chargesheet and documents were supplied to the accused in compliance of Section 207 Cr.P.C. Accused Satish was declared Proclaimed Person/ absconder and he was arrested in FIR No. 139/2008 u/S. 420 IPC P.S. Bhopal Pura, District Udaipur, Rajasthan. He was produced before this Court on issuance of production warrants. Prima facie case was made out, charge for offence u/s. 409/420/120B IPC was framed against the accused on 31.07.2019 to which accused Bhawna, Diksha and Sudesh pleaded not guilty and claimed trial. Accused Satish however pleaded guilty and he was sentenced to period already undergone. The complainant ICAI, however challenged the Order on Sentence successfully before the Ld. Revisionist Court and upon rehearing on sentence, convict Satish was sentenced vide Order dated 30.04.2011 to undergo Rigorous Imprisonment for two years and fine of Rs.5,000/- each u/S. 409/120B IPC and 420/120B IPC. The operation of this sentence was suspended till 30.05.2011. One appeal was filed by convict Satish, but the same was dismissed for non-prosecution and since then convict Satish never appeared and was again declared Proclaimed Person/ absconder vide Order dated 15.03.2012.
PROSECUTION CASE
3. The prosecution case in its entirety is that the examination for CPT of Chartered Accountancy course was scheduled at 9 AM morning session on 05.08.2007. 82,000 candidates were appearing in India out of which about 15,000 candidates were to appear in Delhi alone. In the morning of 05.08.2007 India TV news channel carried out a telecast showing a sting operation pertaining to leak of question papers of CPT exam at about 8 AM. On enquiry from Sh. Anuranjan Jha Senior Editor of India TV, he handed over to Sh. V. Sagar, Deputy Secretary (Exam) of the ICAI, the copies of question paper at 11 AM. On 06.08.2007 Sh. Anuranjan Jha also informed to Sh. V Sagar that a sting operation was carried out at House No. 37, Prem Nagar, Najafgarh, New Delhi, during the intervening night of 4/5th August 2007 involving Sh. Sudesh Kumar and others in this racket. The India TV officials handed over to the Deputy Secretary (Exam) – (i) photocopies of two pages of attendance register page 15 and 16 of DAV Public School, West Patel Nagar, New Delhi; (ii) photocopies of section C and D Set A question paper (page 3 – 21); and (iii) photocopies of 2 handwritten pages answer of question 1 to 100 morning session and 1 to 100 afternoon session. On the close examination of the above paper it was found that the same were exam paper as that of the ICAI. Therefore, G. Somashekhar, Sr. Jt. Secretary Exam vide letter dated 05.08.2007 requested SHO Najafgarh to register an FIR and investigate the matter. Upon investigation, statements of complainant/ Sr. Jt. Secreatary Exam, ICAI; members of India TV new channel sting operation team and CD/DVD were taken into police possession. Accused Sudesh Kumar was arrested on 08.08.2007 and he in his disclosure statement accepted that he along with Diksha Dhingra, Bhawna Malik and Satish Kumar Singh were involved in CPT exam paper leak. About their modus operandi accused Sudesh Kumar disclosed that he used to fill up forms of Open School of several student and he came in contact with Smt. Bhawna Malik, Principal of DAV Public School, Patel Nagar (West) about one year ago. He made a deal with the School Principal that all the invigilators of upcoming exams will be made available by Sudesh free of cost and invigilators will try to help his students to cheat in the exam. Since, CPT Exam was scheduled on 05.08.2007 at the DAV Public School, West Patel Nagar, New Delhi, accused Bhawna Malik appointed accused Diksha Dhingra as Centre Superintendent. Further, accused Sudesh Kumar was offered Rs.10,000/- per candidate by accused Satish Kumar Singh if he managed to leak the question paper of CPT exam dated 05.08.2007; also accused Diksha Dhingra was offered Rs.50,000/-. In his supplementary disclosure statement, accused Sudesh disclosed that two sealed envelopes of question paper and attendance sheet were given to him by accused Diksha on the directions of Principal Bhawna Malik. Accused Sudesh further disclosed that he was given question papers on 03.08.2007 and he returned the same on 04.08.2007. Sudesh was paid Rs.15,000/-. On 04.08.2007 Accused Satish came at the residence of the accused at House No. 37, Prem Nagar, Najafgarh along with 9-10 persons and introduced them as students and parents. A deal was done at Rs.40,000/- per candidate and Rs.60,000/- was taken by accused Satish as advance. During investigation xerox question papers, attendance sheet, photocopy machine were recovered from the house of accused Sudesh and statement of other witnesses from school staff were also recorded. Accused Diksha was arrested on 13.08.2007 and in her disclosure statement she stated that she gave attendance sheet of centre no.44 to co-accused Sudesh on 28.07.2007 on the direction of accused Principal Bhawna Malik and the same were returned to her on 01.08.2007. She also disclosed that two sealed question paper envelope were given by her to accused Sudesh, who further give them to accused Satish. On 04.08.2007 accused Bhawna called her in the office, when she entered in the office accused Sudesh was present and question papers were returned. During investigation the used envelopes were seized and same were sent to FSL Rohini for examination but no expert opinion could be given regarding the seal impression and resealing of envelope due to broken nature of seal impression and badly torn condition of the envelopes. Investigation further revealed that invigilators were paid Rs.150/- per shift by accused Sudesh and not by school administration.
4. Subsequent investigation was transferred to Special Teams, Crime Branch Department. Accused Bhawna was arrested on 09.10.2007 and she accepted her involvement in the leak in her disclosure statement. During investigation, investigating officer seized original question paper of both the Morning and Afternoon sessions of series A, B and C which were involved in leak; attested photocopies of receiving by Mrs Aarti Pahwa who received question paper on behalf of accused Diksha; letter sent by accused Bhawna dated 16.02.2006 and 01.09.2007; list of centres, delivery duty from complainant. Notice under section 91 Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) was served to India TV news channel for producing original unedited hard disk of sting operation and spy camera through which sting operation was shot. Consumer Application Form (CAF) as well as Call detail report (CDR) of mobile number allegedly used by accused Sudesh and accused Satish were also obtained. Call details also showed that on 28.07.2007 accused Sudesh contacted accused Diksha and there are calls being made to accused Sudesh on 04.08.2007 from the telephone of DAV Public School, West Patel Nagar. Thus the present chargesheet was filed before this Court to try all the accused for criminal breach of trust, cheating and criminal conspiracy.
PROSECUTION DOCUMENTARY EVIDENCE
5. Before proceeding to discuss the testimonies of 27 prosecution witnesses, the case property (table 5.1) and documents exhibited (table 5.2) are provided below –
