Advocate, who impersonated in CBSE exam, charged with forgery

A sessions court has upheld a lower court's order charging an advocate with forgery for cheating and impersonating as another student during the 2002 CBSE class XII board examination.
Additional Sessions Judge Sunil Kumar Aggarwal said Delhi resident Bhole Nath interpolated his photograph on the admit card of Manish Kumar, a student who was to take the exam, and was caught using the forged document in the examination hall.
"Since the petitioner (Bhole Nath) was found to be in possession of the false/forged document, the suspicion of his being the creator thereof lingers, which is sufficient to charge him with offence punishable under sections 468 and 471 (forgery) of the IPC," the court said.

Nath, a practicing lawyer, had moved the sessions court challenging the trial court's order on framing the charges against him, contending that the decision was illegal and against the settled principles of law.
The trial court had framed charges against Nath under section 419 (cheating by personation), 420 (cheating), 468 (forgery for the purpose of cheating), 471 (using as genuine a forged documents) and 120B (criminal conspiracy) of the IPC.
The accused had contended that the handwriting expert's report, obtained by the Investigating Officer with regard to the disputed and sample handwriting and signatures of Nath, cannot be read in evidence.

He had argued that Kumar has already been acquitted by Juvenile Justice Board and hence the alleged conspiracy cannot be proved by trying him alone for the offence.

While dismissing the revision petition, the court said Kumar has not been released by a competent authority in the Juvenile Justice Board after examining the merits of the case.
"Being a juvenile, he (Kumar) was afforded the benefit of law in culminating the proceedings against him.The prosecution so far did not avail a chance to establish its case on merits. Just because Kumar has been so released, the gravity of allegations against the petitioner (Nath) do not get diminished," the court said.

As per the police, Nath was found impersonating as Kumar at CBSE examination centre in Rohini in north west Delhi while undertaking the history paper of class XII on March 20, 2002, and found with a tampered admit card in the name of Kumar.
He was caught at the examination centre by the raiding party and a police complaint was lodged by the principal of the school against him.