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Showing contexts for: false marksheet in Aakash Pansoriya vs The State Of Madhya Pradesh on 20 March, 2026Matching Fragments
Heard learned counsel for the parties and perused the record.
20. The appellant in his statement recorded under Section 313 of Cr.P.C. stated that Vishnu Parashar, who used to run coaching classes, had provided him the marksheet. He further stated that he had appeared in the examination conducted by the Open School and thereafter the marksheet was given to him, and that he had no knowledge that the same was false. However, the Assistant Director (Records), M.P. Rajya Open Shiksha Parishad, Bhopal, vide letter dated 23.11.2017, confirmed that the marksheet did not match with the official record and was thus false and fabricated. Further, vide letter dated 20.11.2019, it has been informed that one Seema Pandey (Roll No. 0301920690) had appeared in the examination in the year 2009, and that no examination was conducted in the year 2010, which is the year mentioned in the marksheet submitted by the appellant. It is also an admitted fact that the NEUTRAL CITATION NO. 2026:MPHC-JBP:23560 7 CRA-4480-2025 said Vishnu Parashar expired on 01.01.2015 and, therefore, could not be examined before the Court.
36. Thus, the prosecution has failed to establish the necessary ingredients of offences under Sections 467, 468, IPC, and the appellant is entitled to acquittal for the said offences.
37. However, the evidence on record clearly establishes that the appellant submitted the said false marksheet before the authorities during the recruitment process for securing government employment. The document has been found to be false, and by producing the same, the appellant represented it to be genuine and induced the authorities to consider his candidature.
43. Therefore, the essential ingredients of the offence under Section 420 IPC, namely deception and dishonest inducement, stand proved. The appellant, by submitting a false marksheet in order to secure public NEUTRAL CITATION NO. 2026:MPHC-JBP:23560 16 CRA-4480-2025 employment, attempted to obtain an undue advantage but he could not succeed in getting employment therefore the act of the accused is an attempt and not secured the employment it means the offence was not completed. Therefore, accused be convicted with the add of section 511 of the Indian penal code in place of individual 420 of the IPC.
(ii) As the prosecution has successfully established that the appellant, by submitting a false marksheet pertaining to a non-existent examination year, NEUTRAL CITATION NO. 2026:MPHC-JBP:23560 17 CRA-4480-2025 deceived the authorities and attempted to secure government employment.
The conviction of the appellant under Section 471, of the Indian Penal Code is hereby affirmed, and the conviction under 420 of the IPC is altered into 420/511 of the IPC.