- (1.) The appeal presents a strange scenario where the accusation is that appellant No. 2, a doctor doctored documents so that his son-appellant No. 1 would get admission to a medical college and become a doctor. Allegations were to the effect that they manipulated mark sheets and on the basis of forged mark sheets he got admission which otherwise would not have been available to him. The mark sheets related to the two pre-degree examinations of the Kerala University conducted in 1978-79 and 1979-80, for two years i.e. 1st and IInd Year respectively. They faced trial with two others. For the sake of convenience they are described as A-1 and A-2 and the other two who were acquitted as A-3 and A-4.
(2.) Prosecution version as unfolded during trial is essentially as follows : A-1 is the son A-2, who was running a nursing home at Ernakulam during the relevant period and A-4 was an Assistant Registrar, Examination Wing, Kerala University. A-1 was a Pre-degree student during the academic years 1978-79 and 1979-80 in the Mar Ivanios College, Thiruvananthapuram, affiliated to the Kerala University. He appeared for the first year Pre-degree examination in April, 1979 and for second year Pre-degree examination in April/May, 1980. After the second year examination, A-1 got following marks as indicated in the mark list issued by the Mar Ivanios College : English : Hindi : 109/150 Physics : 127/150 Chemistry : 131/150 Biology : 129/150 Grant total : 700/900 Total for the optional subjects, viz. Physics, Chemistry and Biology was 387 out of 450. The above mark list issued by the Kerala University to A-1, through Mar Ivanios College, Thiruvananthapuram was received by both the appellants with their acknowledgment in the mark lists kept in the college. As both appellants were aware that the marks secured by the A-1 were insufficient to get an admission in any Medical College for the First Year MBBS Course in Kerala on merit, they entered into a criminal conspiracy along with A-3 and A-4 and some day between 30-6-1980 and 10-10-1980 for forging a mark list showing higher marks and pursuant to such conspiracy A-4 in the case procured a blank mark list of Pre-degree examination and by fraudulent means and without the knowledge and authority of the Controller of Examinations (PW-1) got the impression of the facsimile signature of PW-1 and the University emblem seal affixed on the blank mark list form. A-4 wrote in his own handwriting falsely and fraudulently the following marks in the forms to have been secured by A-1 in the Pre-degree final year examination : English : Hindi : 109/150 Physics : 142/150 Chemistry : 140/150 Biology : 138/150 Grant total : 733/900 In addition total of 420 marks out of 450 marks was shown for the optional subjects, viz. Physics, Chemistry and Biology. A-4 forged the initials of the concerned Section Assistants, who actually prepared the true mark list issued through Mar Ivanios College and received by A-1 and A-2. A-4 also attested a true copy of the mark list (Ext. P-27). He forged with his designation and seal and entrusted both the forged mark list and its true copy attested by him (Ext. P-27) to A-1 and A-2. Ext. D-4 is the forged mark list. A-1 and A-2, thereafter prepared an application form for admission to a Medical College during the year 1980-81 with their signatures by incorporating the marks found in Ext. D-4, the forged mark list fully knowing the forged nature of Ext. D-4 and forwarded such application together with the attested true copy Ext. P-27 of Ext. D-4 to the Medical College, Thiruvananthapuram with the fraudulent intention to make the concerned authorities to believe that the marks shown in the application are the real marks obtained by A-1 and thereby cheated the Selection Committee and obtained admission for the First Year M.B.B.S. Course on merit basis. Appellants with the intention of causing disappearance of the evidence of commission of the crime destroyed the true genuine mark list/the true copy of which is marked as Ext. D-8 in this case received by them from Mar Ivanios College and thus the appellants and the other acquitted accused committed the alleged offences. A-3 was an associate of A-2.
(3.) Information was lodged with the police. Investigation was undertaken and on completion thereof charge-sheet was filed indicating commission of offence punishable under Sections 120-B, 466, 468 and 471 of the Indian Penal Code, 1860 (in short the 'IPC') read with Section 34, IPC. The case was tried by the Special Court for trial of Mark List Cases, Trivandrum. Sixty-three witnesses were examined and 65 documents were marked. The accused persons pleaded innocence, examined one person as DW-1 and exhibited documents. The trial Court found that the accusations were established so far as A-3 and A-4 were concerned. It held the appellants A-1 and A-2 guilty of offences punishable under Sections 471, 420, 120-B and 201 read with Section 34, IPC and sentenced to suffer imprisonment for one year and two years for the offence under Sections 471 and 420 respectively and six months each for the charge under Sections 120-B and 201 read with Section 34, IPC. The accused-appellants were acquitted of the charges of the offence under Sections 467 and 468, IPC. By the impugned judgment the High Court found that the conviction was in order so far as the offence relatable to Sections 471, 420 read with Section 34 were concerned, but set aside the conviction for the offences punishable under Sections 120-B and 201, IPC. Custodial sentence was reduced to three months each for the offences punishable under Sections 471 and 420 read with Section 34, IPC.;