CRR No.4649 of 2016 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR No.4649 of 2016 (O&M)

Decided on: 17.02.2018

Anil Kumar

....Petitioner

Versus

State of U.T., Chandigarh

....Respondent

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present :

Mr. K.D.S. Hooda, Advocate

for the petitioner.

Mr. Parveen Chauhan, Advocate

for Mr. Gagandeep S. Wasu, APP, U.T., Chandigarh.

ARVIND SINGH SANGWAN, J.

Challenge in this revision petition is to the judgment of

conviction and order of sentence dated 24.12.2015 passed by the

Judicial Magistrate Ist Class, Chandigarh vide which the petitioner

along with co-accused Sandeep were held guilty of offences punishable

under Section 419 of the Indian Penal Code (in short 'IPC') i.e. cheating

by impersonation and acquitted both of them under Section 420 IPC

and both were sentenced to undergo rigorous imprisonment for a period

of 01 year as well as the judgment dated 02.12.2016 passed by the

Lower Appellate Court vide which the co-accused – Sandeep was

acquitted of the charges and the appellant was though acquitted of

charge under Section 420 IPC, however, his sentence under Section 419

IPC was upheld and the sentence awarded to the petitioner was reduced

to the period of 06 months rigorous imprisonment from the sentence of

01 year awarded by the trial Court.

Mohd. Yakub

2018.02.27 10:41

I attest to the accuracy and

authenticity of this document

Chandigarh

CRR No.4649 of 2016 (O&M)

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Brief facts of the case are that on a complaint received by

Smt. Rattan Kaur, Deputy Registrar, Punjab and Haryana High Court

(hereinafter to be referred to as 'the complainant') on 07.12.2012, it was

stated that a screening test for the post of Peon, Chowkidar and

Attendant was conducted in D.A.V. Model School, Sector 15,

Chandigarh. One candidate with Roll no.27228 was appeared in Room

No.45 where one Ram Dev was the Invigilator on duty. The name of the

candidate was Sandeep and on apprehension that there was some

another person appearing on his behalf, he enquired the matter and the

candidate stated that the application was filled by his brother and also

signed by his brother namely Mandeep. The photocopies of the hand-

writing on Admit Card, OMR sheet and question paper booklet front

page were attached with the complaint and it was requested that the

matter may be got investigated.

On receiving the complaint, an FIR under Section 419 and

420 IPC was registered. The accused persons were arrested and

necessary documents were obtained from them and were recovered by

the police. During the investigation, the police recorded the statement

of the witnesses under Section 161 Cr.P.C. and on completion of

investigation, the challan/report under Section 173 Cr.P.C. was

presented in the Court.

The trial Court framed charges against the petitioner and

co-accused Sandeep son of Jai Bhagwan under Sections 419 and 420

IPC to which they did not plead guilty and claimed trial.

The prosecution in support of its case examined the

complainant – Rattan Kaur as PW1 who deposed on the line of the

Mohd. Yakub

2018.02.27 10:41

I attest to the accuracy and

authenticity of this document

Chandigarh

CRR No.4649 of 2016 (O&M)

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complaint made before the police. It was stated by her that on

07.10.2012, the exam for the posts of Peon, Chowkidar/Hotel Attendant

in Chandigarh Judicial Academy was held in D.A.V. Model School,

Sector 15, Chandigarh and she was in-charge. During the exam, the

Invigilator namely Ram Dev noticed that the identity of one candidate

namely Sandeep Kumar having Roll No.27228 was doubtful as his

photograph was not matching with the person who was appearing in the

exam.

On enquiry, the candidate appearing in the exam informed

that the form was filled up by his brother Mandeep and also signed by

him. On her complaint Ex.P1, the police registered the