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SC reduces jail term of 2 in case of malpractices in Hindi PUC exam

On March 15, 2021, the Karnataka High Court had dismissed the revision petition against the convictions and sentence
Last Updated 03 January 2022, 15:30 IST

The Supreme Court on Monday reduced the jail term of two persons from two years to six months in a case related to malpractices in Hindi examination at a Bidar's PUC college in 2007.

A bench of Justices S Abdul Nazeer and Krishna Murari took a lenient view against Wilson and another person, after considering the fact that both were of young age at the time of the offence.

Senior advocate Devdatt Kamat and advocate Nishanth Patil, appearing for the petitioners, submitted that they did not even write the examination. Therefore, there cannot be said to be any actual act for the conviction. Needless to state, 'actus reus' (actual act) is a sine qua non for conviction under criminal law, he added.

"Mere possession of an allegedly forged document does not lead to any dishonest gain. This forged document is required to be further used to make gains, in order for conviction to be maintained," their plea stated.

The top court, however, said the conviction of the petitioners cannot be interfered with in view of concurrent findings by three courts.

On March 15, 2021, the Karnataka High Court had dismissed the revision petition against the convictions and sentence.

According to the prosecution, on July 27, 2007, one of the accused came to the examination centre. Upon asking for hall ticket, he behaved unnaturally. On further probe, it was alleged he had come to write the examination in place of another accused by impersonating him. A case of cheating and forgery was lodged against the three persons but one of them, accused of fabricating hall ticket, got acquitted by the trial court.

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(Published 03 January 2022, 15:30 IST)

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