Bail Slip

The Appellant/Accused No.1 Namely V.Prabhakaran,

S/o.T.Velayutham accused in Special Calender Case No.10 of 2010,

Pondicherry, was directed to be released on bail as per order of

this Court dated 24.04.2015 and made in M.P.1 and 2 of 2015 in

Crl.A.No.239 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.239 of 2015

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

V.Prabhakaran ...Appellant/Accused-1

Vs.

State Represented by

Inspector of Police,

CBI / ACB / Chennai

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

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.10 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.10 of 2010 on the file of learned Special

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

Judge, Puducherry, wherein appellant was convicted for the

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

2.There are two accused before the trial Court in this

case. The appellant is the first accused and one N.Perumal is

the second accused. The charges against the appellant and the

co-accused N.Perumal are that, appellant was the Assistant

Professor in Pondicherry Engineering College and co-accused

N.Perumal was student of Pondicherry Engineering College. 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 declaration of those

candidates, who have not secured sufficient marks to be declared

secured pass mark. Thus, on the source information, a case was

registered in R.C.No.MA1 2008A0065 on 21.12.2008, 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. Accused N.Perumal was assigned dummy

number 157 and that was evaluated by appellant between

09.01.2008 and 19.01.2008. After the examination is over,

N.Perumal met appellant and hatched a criminal conspiracy to

cheat Pondicherry University in the matter of inflating marks to

N.Perumal for the subject Mechanics of Solid – II. Appellant

awarded 2 marks for question No.2, 8 marks for question No.4, 8

marks for question No.5 and 4 marks for question No.7 and

mentioned these marks on the wall mark list. Subsequently, by

abusing his official position as an examiner, appellant by

dishonestly and fraudulently struck off the original marks in

the front page of the answer script and altered the marks for

question No.2 as 8, for question No.4 as 12, for question No.5

as 10, for question No.7 as 12, committed forgery for the

purpose of declaring N.Perumal has secured pass mark in the

subject. Thus, the final report was filed against the appellant

and N.Perumal for the offences under Section 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.

3.On the basis of this final report, following charges

were framed against the appellant and N.Perumal for the offences

under Section 120 B r/w. 420 and under Sections 420 r/w 120-B

I.P.C, 468 r/w. 120-B I.P.C, 471 r/w 120-B I.P.C and Section 13

(1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988.

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