SHRAVAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts giving rise to this petition under Section 482, Cr. P.C. are as under: The applicant appeared in his Secondary School examination and was at Government Girls Senior Higher Secondary School, Gangapur City on 1.4.1993 when he was answering the questions of Political Science paper. A Flying Squad checked the candidates and found in the hip pocket of the applicant four written pages of the diary and thereupon a report under Section 3(6) of the Rajasthan Public Examinations (Prevention of Unfair Means) Act, 1992 was lodged with the Police Station where the case was registered against the applicant vide FIR No. 147/93. The Police filed challan against the applicant and the trial court vide the impugned order dated 29th July, 1993 has found a prima facie case and has framed charges against the applicant under in the above mid provisions. Feeling aggrieved, the applicant approached this Court by filling this petition.

(2.) LEARNED Counsel for the petitioner has pointed out that the four pages of diary were having certain questions and answers relating to General Knowledge and those papers have no connection with the paper in question. It has also been contended that even otherwise, no offence can be said to have been committed within the meaning of Section 3 of the Act of 1992.

(3.) SECTION 3 of the Act prohibits the using of unfair means by any person at any public examination.