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In 2002, Surender Kumar and Md. Nadeem were charged with cheating in their Class X CBSE exams. Twelve years after the FIR was lodged, when the school principal was called to testify in court, he failed to identify the students.
The vice-principal of the school too could not recall the incident in court. On January 8, this year the duo were acquitted by a city court.
According to the prosecution, Surender had posed as Nadeem and appeared in the compartmental exam for social science.
Metropolitan Magistrate Navita Kumari acquitted the duo on grounds that there was no evidence to implicate them . “The invigilators could have been very material witnesses as they were the eyewitnesses but the IO has neither cited them as witnesses nor recorded their statements… There is also no material on record to prove that both the accused had entered into criminal conspiracy to cheat the CBSE… Thus it is held that the prosecution has failed to prove its case…,” the court held.
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