Advocates:
['M/S R C PAUL KANAGARAJ', 'K SRINIVASAN', '', 'SPECIAL PUBLIC PROSECUTOR', 'FOR CBI CASES', 'PONDICHERRY']

Bail Slip

The Appellant namely V.Prabhakaran S/o T.Velayutham

accused in Special Calender Case No.9/2010, Puducherry was

directed to be released on bail as per order of this Court dated

24/04/2015 and made in M.P.No.1 and 2 of 2015 in Crl.A.No.240 of

2015.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 21.04.2022

PRONOUNCED ON : 29.04.2022

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

Crl.A.No.240 of 2015

and M.P.Nos.1 & 2 of 2015

V.Prabhakaran

...Appellant/1^st Accused

Vs.

State Represented by

Inspector of Police,

CBI / ACB / Chennai

Crime No.R.C.MA1 2008 (A) 0065. ...Respondent/Complainant

Prayer:- Criminal Appeal is filed under Section 374 of Code of

Criminal Procedure, to set aside the judgment and conviction and

direct the acquittal of the appellant in Special Calendar Case

No.9 of 2010 dated 31.03.2015 passed by the learned Special

Judge at Puducherry – (under Prevention of Corruption Act)

Principal Sessions Judge.

For Petitioner

: Mr.R.C.Paul Kanagaraj

For Respondent : Mr.K.Srinivasan,

Special Public Prosecutor

for CBI cases.

JUDGMENT

This appeal is filed against the judgment in Special

Calender Case No.9 of 2010 on the file of learned Special Judge,

Puducherry, wherein, appellant was convicted for the offences

under Section 420 and 468 I.P.C and sentenced.

https://hcservices.ecourts.gov.in/hcservices/

2.There are two accused in this case. Appellant is a

first accused and one P.Agilan is a second accused. Charges

against the accused is that during 2007, certain malpractices

were noticed in the conduct of examination of Engineering and

Medical stream conducted by Pondicherry University and marks

were deliberately inflated to unduly favour students leading to

declaring those candidates, who have otherwise not secured

sufficient marks to be declared as passed the subject. On

source information, a case was registered in R.C.No.MA1

2008A0065 on 21.12.2008, against the accused and some others for

the offences punishable under Sections 120 B r/w. 420, 468 r/w.

471 I.P.C and Section 13 (1) (d) r/w. 13 (2) of the Prevention

of Corruption Act, 1988. First accused/appellant was the

Assistant Professor and the second accused was a student of

Pondicherry Engineering College. Pondicherry University assigned

dummy number 369 to the answer script of second accused

P.Agilan. His answer script was evaluated by appellant. After

the examination was over P.Agilan met appellant and enter into a

criminal conspiracy to cheat Pondicherry University in the

matter of inflating marks to P.Agilan in the subject Mechanics

of Solid – II. Appellant awarded 8 marks each for question

numbers 4, 6 and 9. However, while mentioning the total marks,

he wrongly shown the total marks as 27 instead of 24 marks on

the answer scripts as well as in the mark wall list on the same

day by abusing his official position as an examiner. He struck

off the originally awarded marks on the front page of the answer

script and fraudulently and dishonestly awarded 12 marks for

question number 3, 8 marks for question number 4, 14 marks for

question number 6 and 14 marks for question number 9. As a

result, total marks awarded had been inflated to 48 from 24, but

appellant wrongly mentioned the total as 40 on the answer script

as well as mark wall list. P.Agilan answered question numbers 4

and 6 alone and did not answer question number 3. Marks were

awarded to un-answered question also. Therefore, these charges.

3.The Trial Court framed charges under Section 120 B r/w.

420 I.P.C against accused 1 and 2 and under Section 420 I.P.C

r/w. 120-B I.P.C, 468 I.P.C r/w. 120-B I.P.C, 471 I.P.C r/w.

120-B I.P.C. and 13 (2) r/w. 13 (1) (d) of the Prevention of

Corruption Act, 1988 against the appell