Shimla, Nov 6,
Himachal Pradesh High court on Wednesday dismissed a criminal appeal of state of Himachal Pradesh moved before the court against the clerks of HP School Education Board and other co accused for in alleged case of fraudulently changing examination result.
Division bench of Justice Vivek Singh Thakur and Justice Bipen Chander Nagi in 15 paged verdict dismissed criminal appeal stating that court did not find the material on record sufficient placed by the state and investigation officer to convict the respondents for commission of offence charged with.
Court ordered that Copy of the judgement should be sent to Adl Chief Secretary Home, DGP police and Director prosecution for necessary action on their part.
The Court passing this verdict also directed the above officers to issue appropriate instruction, impart proper training and conduct orientation programmes to all the Investigation officers , prosecutors and Government advocates to ensure fair investigation and prosecution of all the cases.
It also mentioned that the state agency should thoroughly investigate the case before filling challans or cancellation reports after taking into consideration the entire evidence or material available against or in favour of accused or person involved on the basis of complaint or FIR against them. ” The mechanism should also be developed to monitor the conduct of investigation reports or challans in the court ignoring the entire evidence” The court stated in the verdict adding that in the present case only selective documents or evidence in order to frame a person leading to not only unnecessary harassment to such person but also causing delay in imparting justice in other services, important and genuine matters pending before the court .
” Such approach is amounting to dereliction of duty which increases the unnecessary burden on the courts. Which are already overburdened and are trying to ensure imparting of justice by reducing the pendency of old cases despite callous and indifferent response of state in creating adequate number of courts for strengthening the justice imparting system.
Court asserted that every person in a welfare set up of system under democratic republic, is entitled for free and fair investigation. Like colonial era, it is not the duty of the Investigating Agency or IO to frame a person, named in the FIR or in the complaint or otherwise by using all means, legal or illegal, by withholding truth from Court.
None should be made to face the trial despite having evidence of innocence in his favour, withholding such evidence from the Court. In every case, where there is evidence of innocence of accused, prosecutioner Investigating Agency is expected to act fairly and to place on record entire material and thereafter, is required to submit a report of cancellation of FIR or abortion of criminal action initiated against the accused named in the FIR or complaint for having sufficient material proving his innocence.
Court also pointed out that role and duty of Investigating Agency or prosecutors and other Officers and Officials associated with them is to churn the truth to ensure imparting justice to the aggrieved persons but not to frame any person by hook or crook or all means in order to complete the challan and presented the same before the Court for trial by ignoring the material proving the innocence of accused/suspects.
”We are living in an independent Democratic Social Welfare Republic, which strives for the protection of the innocent under a Rule of Law. ”
Background of the cases
Present appeal has been preferred by State against the judgment dated 1.6.2012, passed by the Special Judge, Kullu H.P. in Corruption Case (No. 2/2010,) titled State of HP vs. Chohan Singh and others, whereby respondents have been acquitted by the Trial Court in Case in 2008.
As per prosecution case, on 25.10.2007, an anonymous complaint was received by the Chairman, H.P. Board of School Education Dharamshala, alleging that respondent Chohan Singh had appeared in 10+1 examination in March, 2004 and he was placed under compartment in subject of English, whereupon he submitted his examination form for supplementary examination to be conducted in September, 2004.
Taking action into the complaint respondent was ooked under section 420, 46, 468, 471 and 12-B of ‘IPC’) and Section 13(2) of the Prevention of Corruption Act, 1988 by the State Vigilance and Anti Corruption Bureau Kullu.
The counsel of the prosecution maintained that Board issued Roll No. 20073 to a student also booked in the case but the student did not appear in examination and his result was declared as absent in English and there was last chance for passing the examination. The state accused the respondent for alleged conspiracy with the accused board clerk to change the roll number After completion of investigation, challan was presented against the respondents and they were subjected to trial after framing the charge.
It was alleged in the prosecution case that accused persons cheated the H.P. Board of School Education by dishonestly and illegally showing Chohan Singh to have appeared. However the counsel of the defence stated that though in record of Board Chohan Singh was shown to have been allotted Roll No. 20073 for examination in September, 2004 to appear in the compartment of English subject but in Admit Card sent to him his Roll Number was shown as 20074, and, as such, he appeared in the examination against Roll No.20074 and accordingly, in the award list, Evaluator had posted his marks obtained by him.
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