"Such Munnabhais Are Detrimental To India's Future": UP Court Convicts 3 Men For Criminal Conspiracy, Impersonation In IBPS Exam

While awarding them 3 years in imprisonment, the Special Judicial Magistrate (CBI) Ghaziabad Shivank Singh observed that the role of youth will determine India's future and that such Munnabhais are detrimental to India's future.

Importantly, stressing that recruitment to the public sector must command public confidence, the Court added that when such foul play happens, it causes hardships to the candidates who are actually deserving and leaves a dark impact on the society.

The case in brief

Essentially, in December 2014 IBPS examination was conducted for the recruitment of clerks in Nationalised Banks at Ideal Institute of Technology, Ghaziabad. The CBI conducted an operation at the Exam center after receiving a tip-off regarding impersonation in the IBPS Exam,

Therein, convict Tarun Uppal (A-1) was found to be impersonating in the place of candidate Shravan Yadav (A-2) and the mediator in this case was accused Sanjeev Kumar (A-3).

As per the case of CBI, Tarun Uppal, while appearing in the IBPS examination, had completed formalities purporting himself as the real candidate and had signed and put his LTI (Left Thumb Impression) on the admit card/ call letter for IBPS.

He had also signed against the name of accused Shravan Yadav (the person whom he was impersonating) on the attendance list in the immediate presence of the invigilator.

As per the police report, accused Sanjiv Kumar, who was arrested during the course of the investigation, was found to be in criminal conspiracy with accused Tarun Uppal to collect illegal money from the candidates for competitive examination.

Several incriminating materials were also seized during the investigation, and thereafter, a charge sheet was filed for the commission of offences u/s 120B, 201, 419, 420, 467, 468, 471 of IPC and S. 66A of Information of Technology Act, 2000.

Court's observations

Taking into account the evidence adduced by the prosecution, the court observed that it was proved by the prosecution that accused Shravan Yadav (original candidate) had conspired with accused Tarun Uppal to make him wrongfully and dishonestly appear in the IBPS Exam.

On the other hand, the Court also found Sanjeev Kumar (A-3) guilty of being a party to the conspiracy.

Finding Uppal (A-1) guilty of committing cheating by personation, the Court held that the ingredients of Section 419 [punishment for cheating by personation] are fulfilled and thus, he was liable to be convicted for the offence of S. 419 IPC, 1860.

Further, finding that accused Tarun Uppal along with accused Shravan Yadav had cheated the IBPS/ state authorities by dishonestly inducing them to believe the wrongful presence of the candidate in the said exam to deliver the property, the Court held both of them guilty under section 420 IPC. However, Sanjeev Kumar was acquitted in connection with this offence.

Consequently, accused Tarun Uppal was convicted for the charges of 120B, 419, 420, 467, 468 and 471 of IPC. Accused Shravan Yadav was convicted for the charges of 120B, 420 of IPC and accused Sanjeev Kumar was convicted for the charge of 120B IPC.

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