- (1.) THE appeal is directed against judgment and order dated 31.05.2007 passed by learned Judge, 5th Special Court, Kolkata in Spl. Case No. 3 of 1997, convicting the appellant for commission of offence punishable under section 381 of the Indian Penal Code and directing him to suffer rigorous imprisonment for one year and pay fine of Rs. 1000/ - in default to suffer rigorous imprisonment one month more.
(2.) THE prosecution case as alleged against the appellant as follows: "One unknown person came to the office of the Secretary of West Bengal Board of Secondary Education at Part Street, Kolkata, on 10.03.1997 at about 1.30 P.M. and left behind some papers on the office table of the Secretary of the Board. The papers left behind with an endorsement "collected from South 24 Parganas". Shri U.K. Basu, the then Secretary, West Bengal Board of Secondary Education (P.W. 21), on examination found that the said papers contained many questions on mathematics pertaining to the mathematics examination scheduled to be held by the Board on 11.03.1997. The said papers were verified and it was found that although it was not in the exact format of the question paper required for the examination it contained questions which the candidates were required to answer in the said examination. Mathematics examination was accordingly postponed and the matter was informed through media to the candidates and the people at large. Shri Basu, the Secretary, lodged a written information with the Commissioner of Police Calcutta, and requested him to take necessary action in the matter. On receipt of such information, Commissioner of Police, Calcutta directed registration of a criminal case. Accordingly, Park Street P.S. Case No. 116 dated 11.03.1997 under sections 120B/380/417 I.P.C. was registered for investigation against unknown persons. Investigation was taken over by Prasanta Kumar Moulik, Sub -Inspector of police attached to anti cheating section (P.W. 23). He examined the complainant (P.W. 21) raided various places and arrested as many as ten accused persons including the appellant. Accused Nishi Kanta Adhikari was arrested by Bangur police. On the basis of his information, co -accused Madan Mohan Debnath was arrested. Pursuant to the statement of Madan Mohan, appellant was arrested and it is alleged that Bangur police recovered one envelope containing four question papers of mathematics and another envelope containing four question papers of Geography of Madhyamik Examination held in 1997 by the Board from the residence of the appellant. In conclusion of investigation, charge -sheet was filed against the co -accused Madan Mohan Debnath and Nishi Kanta Adhikari under section 120B read with section 409 of the Indian Penal Code, against the appellant and Modan Mohan Debnath under section 419 of the I.P.C. read with section 34 of the I.P.C. against the Nishi Kanta Adhikary and Madan Mohan Debnath under section 414 of the Indian Penal Code and against the appellant under section 381 of the Indian Penal Code."
(3.) CHARGES were famed against appellant and Madan Mohan Debnath under section 419/34 IPC, against the appellant under section 381 IPC, against the appellant, Nishi Kanta Adhikari and Madan Mohan Debnath under section 120B read with section 409 IPC, against Nishi Kanta Adhikari and Madan Mohan Debnath under section 411/414 IPC. The appellant and other accused persons pleaded 'not guilty' and claimed to be tried. In the course of trial the prosecution examined as many as 23 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implications. The appellant however did not examine any witness on his own.;