Special judge S K Sharma acquitted Delhi resident Vijay Bhargava, who was sentenced by a magisterial court for the offences of forgery and criminal conspiracy under the IPC, while observing that there were contradictions in the prosecution story regarding the recovery of fake degrees.
"It is clear that the prosecution witnesses have deposed contradictory to each other regarding the recovery of fake marksheet and certificate," the judge said.
Bhargava was sent to jail in August last year for allegedly providing fake degrees and certificates to one Bhupesh Kumar in 1997 on a payment of certain money.
The court, while freeing him, also observed that the investigating officer could not explain why there were no independent witnesses in the case.
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"Therefore,theimpugnedJudgmentofConvictionandOrder onSentencecannotbesustainedandthesameareherebyset aside," the court said.
The court noted that the accused were arrested from New Delhi Railway station where police officials are always deployed but the investigating officer did not make them join the raiding team.
"Admittedly, policemen remain present at the gate of the Railway Station... The Investigating Officer did not ask the said policemen to join the raiding party. This also creates a doubt in the prosecution case," it said, while allowing Bhargava's appeal.