Case Law Details
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
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