MHC acquits former minister of Puducherry alleging for using proxy in exam
The answer script and signature in the hall ticket attendance are the same, which shows that there was no impersonation and answers were written by the former minister.
Madras High Court
CHENNAI: The Madras High Court upheld the appellate court's verdict acquitting former Education minister of Puducherry, P Kalyanasundaram in a case alleging using proxy to appear for class 10 supplementary examination.
Justice G Jayachandran, wrote in his judgment that the opinion of the handwriting expert does not incriminate Kalyanasundaram, the answer script and signature in the hall ticket attendance are the same, which shows that there was no impersonation and answers were written by the former minister.
Further, the statements of members of the flying squad or any invigilators or by students does not state anything untoward happened alleging using impersonation by Kalyanasundaram during the examination, further there is no evidence to prove using external aid by the former minister to write the exam, read the judgment. Hence, the judge upheld the appellate court (Second Additional District and Sessions Judge, Tindivanam) judgment and acquitted the former minister from the case of using impersonation and indulging in malpractice during the examination.
In 2011, police lodged a case against Kalyanasundaram based on the complaint given by The chief education officer of Tindivanam P. Kuppusamy. The complainant stated that he had received anonymous information that Kalyanasundaram used a proxy on September 29 and 30, 2011 for the class 10 supplementary exams.
When the District Education Officer (DEO) went to the examination hall on September 30, 2011, and found that Kalyanasundaram was absent for the exam. However, the police booked Kalyanasundaram, Aathavan, the invigilator of the exam hall, and Rajinikanth, the clerk of DEO.
The prosecution contended that Rajinikanth using the fake proceedings forging the signature of DEO included Aathavan as the invigilator to the exam hall in which Kalyanasundram appeared for the exam and aided him to write the exam receiving answers over a phone call.
It was also contended that even though Kalyanasundaram has a permanent address in Puducherry he used the address of Aathavan to appear in the exam at a center in Tindivanam where latter designated as an invigilator to execute the malpractice.
The Judicial Magistrate, Tindivanam, sentenced all the three accused to two years of simple imprisonment with Rs.5000 as a fine. Aggrieved by the sentence the accused moved to the appellate court and the conviction was set aside.
Challenging the acquittal the State moved the MHC to set aside the acquittal.
