ICAI CA Exam Paper Leak Case: Delhi Court convicts Three Accused Persons [Read Order]

CA Exam Paper Leak Case - Delhi Court - Accused - Taxscan

After 15 years of legal battle, the Delhi Court has finally convicted three persons accused of leakage of question papers of the Common Proficiency Test (CPT) conducted by ICAI in the year 2007.

For the first time in 57 years, question papers of the Common Proficiency Test (CPT), the first level of examination for the Chartered Accountancy (CA) course were leaked on Sunday. The paper leak was exposed during a TV sting operation. The exams were scheduled from 9-11 am and from 12.30-2.30 pm but all hell broke loose when the channel flashed the exam paper at 8.45 am in New Delhi.

After considering all the evidences and submissions from both sides, the Court concluded that the prosecution has thus been able to establish that accused persons Sudesh, Bhawna and Diksha were in contact much prior to examination which was something they tried to hide.

“Accused Sudesh and accused Satish leaked the said papers with handwritten answers and on 04.08.2007 they were captured by India TV news channel in their sting operation. Each of the above fact have been exclusively and conclusively proven by the prosecution by convincing evidence. The evidence presented by the prosecution further negates innocence of each of the accused. Based on the same evidence forming part of the chargesheet accused Satish Kumar Singh pleaded guilty and absconded after he was sentenced by this Court,” the Court said.

“Bearing the above facts in mind, this Court finds that ingredients of Section 420 IPC are established. Accused Bhawna while appointing accused Diksha induced ICAI to believe she was capable and willing to work as Centre Superintendent. Both accused Diksha and accused Bhawna further dishonestly induced ICAI to deliver attendance sheet of centre no.44, question papers of CA-CPT exam. Since all accused persons premeditated to leak the question paper, the said fact if known to ICAI, would not have continued keeping DAV Public School as its centre no.44. The ICAI, due to actions of the accused persons, had to cancel the examination held on 05.08.2007 and conduct fresh examinations.”

Noting that the prosecution has proved the case beyond reasonable doubt, the Court convicted accused persons Bhawna Malik and Diksha Dhingra of the offence punishable under Section 420 IPC. Further, accused persons Bhawna Malik, Diksha Dhingra and Sudesh Kumar were also convicted of the offence punishable under Section 120B IPC.

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