New Delhi, April 14: A medical student accused of sending another person to appear in the 2006 medical entrance examination on his behalf has been acquitted of charges of criminal conspiracy and cheating by a Delhi court, giving him the benefit of doubt.
Metropolitan Magistrate Anuj Agarwal let off the student saying the prosecution could not prove there was a conspiracy between the accused student and another person Rakesh, who allegedly appeared in the exam on his behalf.
"It was incumbent upon the prosecution to prove the meeting of mind between accused student and co-accused Rakesh either expressly or by necessary implication. However, in the instant case, there is nothing on record to prove such agreement expressly or by necessary implication," the magistrate said.
The court also said in a criminal trial, the onus remains on the prosecution to prove the guilt of accused beyond all reasonable doubt and benefit of doubt, if any, must necessarily go in favour of the accused. While acquitting the student of offences under sections 419 (cheating by personation) and 120B (criminal conspiracy) of the IPC, the court also considered the statement of the investigating officer that during the probe, he could not procure any proof regarding accused student entrusting Rakesh to appear in the examination on his behalf.
According to prosecution, a medical entrance examination conducted by Delhi University was held on May 22, 2006 at Gargi College here, where Rakesh attended the exam on behalf of the accused student.
When the invigilator checked that the photo on the medical card of the student was not matching with Rakesh, he raised an alarm, it said. On being suspicious, the invigilator also asked Rakesh to sign on the attendance sheet, however he took some time in signing and later the invigilator found that the signature too did not match.
The matter was reported to the college authority and on questioning, the examinee disclosed his name as Rakesh Kumar when the police was called. An FIR was lodged against the accused on the complaint of the principal of the college, it said, adding that Rakesh was declared proclaimed offender during pendency of trial.
The accused student, who faced the trial, had denied the allegations and claimed he never even received an admit card and did not know who Rakesh was.