The prosecution has established the accused's guilt for corruption and examination malpractice, affirming the duty of examination authorities to ensure integrity in the process.

JUDGMENT

This Criminal Appeal is filed against the judgment of the learned XIII Additional Special Judge for CBI Cases, Chennai, dated 11.07.2014, made in C.C.No.3 of 2009. By that judgment, the appellant, who was tried as the sole accused, was found guilty:

(a) of an offence punishable under Section 120B of the Indian Penal Code and sentenced to undergo one year of Rigorous Imprisonment and pay a fine of Rs.1,000/-, in default, to undergo three months of Rigorous Imprisonment;

(b) of an offence punishable under Section 381 of the Indian Penal Code and sentenced to undergo one year of Rigorous Imprisonment and pay a fine of Rs.1,000/-, in default, to undergo three months of Rigorous Imprisonment;

(c) of an offence punishable under Section 420 of the Indian Penal Code and sentenced to undergo one year of Rigorous Imprisonment and pay a fine of Rs.1,000/-, in default, to undergo three months of Rigorous Imprisonment; and

(d) of an offence punishable under Section 13 (2) read with (1)(d) of the Prevention of Corruption Act, 1988 , and sentenced to undergo one year of Rigorous Imprisonment and pay a fine of Rs.1,000/-, in default, to undergo three months of Rigorous Imprisonment.

For convenience, the parties are referred to as per their order in the Trial Court.

2. On 30.05.2007, the respondent received a complaint from T.Nagarajan, an Engineer & Ship Surveyor-cum-Deputy Director (Technical) at the Mercantile Marine Department, Chennai. The complaint stated that the Mercantile Marine Department is under the Ministry of Shipping, Government of India. The department conducts examinations for Marine Engineer Officers of various grades, from Class-IV to Class-I. These officers, having completed their graduation in Mechanical Engineering and undergone Sea Service or training at Sea, are eligible to sit for the examination. The exam is held centrally across India and comprises two sections: Written and Oral. Question papers are prepared and sent from the Directorate General of Shipping, Jahaz Bhavan, Mumbai. There are only three exam centers nationwide: Mumbai, Chennai, and Kolkata. In Chennai, the Principal Officer-cum-Joint Director General (Technical) is the head of the department and appoints the Examination In-charge, Invigilators, and Evaluators. Evaluators are chosen from a panel approved by the Director General. The written exam lasts three hours, with morning and evening sessions, and is conducted in the Mercantile Marine Department's examination hall in Chennai. Immediately after the exam, the Invigilator collects the answer sheets from candidates and hands them over to the Examination In-charge for safekeeping. The In-charge, after coding (assigning a secret number), supplies the answer sheets to the empanelled Evaluators for assessment. Evaluators conduct their evaluations either in the conference hall or in the department’s examination hall. Once evaluated, answer sheets are returned to the Examination In-charge. Candidates then proceed to the Viva/Oral Test. Those who qualify in both tests receive Certificates of Competency (COC) for sailing in international shipping, which are recognized worldwide.

3. While the accused, T.V.S.Sarma, was serving as Examination In- Charge from April 2005 to January 2006, information about widespread malpractice during the Engineers' examination was received. Two specific instances of cheating were