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This case is arising out of charge sheet submitted by the SHO of Kalasipalya PS against the accused No.1 and 2 for the offence Punishable U/s. 419 of IPC and 118 of Karnataka Eduction Act 1983 r/w 34 of IPC.

2. The prosecution case is that on 12­07­2012 in between 9.00 a.m., and 12.00 p.m., accused No.1 by personating the accused No.2 attended and wrote the Hindi Examination of PUC II Year at Vanivilas Institute, Bengaluru. Accordingly, CW1 lodged first information statement before the Kalasipalya Police. The said police have registered the case and issued FIR against the accused. After investigation the IO has filed the charge sheet against both the accused.

6. The accused No.1 and 2 were examined U/Sec. 313 of Cr.P.C. to enable them to explain the incriminating evidence appeared against them in the evidence of prosecution witnesses. They denied the same and not chosen to lead their defence evidence.

7. Heard both sides and perused the material available on record, the points that arise for my determination are;

1. Whether the prosecution proved beyond all reasonable doubt that on 12.07.2012 in between 9.00 a.m., and 12.00 p.m., accused No.1 by impersonating as accused no.2 attended and wrote the Hindi Examination of PUC II Year at Vanivilas Institute, Bengaluru and cheated thereby committed the offences punishable U/sec.419 of IPC and Sec.118 of Karnataka Education Act 1983 and r/w 34 of IPC?

ORDER Accused No.1 and 2 are hereby acquitted of the offences punishable U/s. 419 of IPC and 118 of Karnataka Eduction Act 1983 r/w 34 of IPC by acting under Section 248 (1) of Cr.P.C.
Their bail bonds stand cancelled. However, in view of Section 437­A of Cr.P.C the same shall be in force for 6 (six) months.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 21st day of September 2021.) (Patil Veeranagouda S.) VIII Addl. CMM, BENGALURU ANNEXURE
3. Witnesses examined for the defence:
NIL
4. Documents marked on behalf of the defence:
NIL VIII Addl. C. M. M. Bengaluru Judgment pronounced in the open court vide separately ORDER Accused No.1 and 2 are hereby acquitted of the offences punishable U/s. 419 of IPC and 118 of Karnataka Eduction Act 1983 r/w 34 of IPC by acting under Section 248 (1) of Cr.P.C.
Their bail bonds stand cancelled. However, in view of Section 437­A of Cr.P.C the same shall be in force for 6 (six) months.