CA Exam Paper Leaked Case: Delhi Court convicts 3 accused involved

Delhi Court has convicted accused persons Bhawna Malik and Diksha Dhingra of the offense punishable under Section 420 IPC and Bhawna Malik, Diksha Dhingra, and Sudesh Kumar for an offense punishable under Section 120B IPC in the matter of leaking question papers of CA-CPT exam.

Succinctly stated, the Institute of Chartered Accountants of India (ICAI) conducts various exams and one such exam Common Proficiency Test (CPT) was to be conducted on 05.08.2007 across India. One centre no. 44 was DAV Public School, West Patel Nagar, New Delhi, and even before the morning session examination at 9 AM was conducted, a sting operation was aired on India TV News channel, that their team of the investigative journalist had gone to unearth leak of the exam on the intervening night of 4-5th August 2007.

The ICAI under Chairmanship of G. Soma Shekher sent representative to ascertain the facts from India TV News Channel and upon finding material of paper leak, lodged the present FIR. Investigation was carried out and considering the gravity of the same, investigation was taken up by the Crime Branch department. From detailed investigation, School Principal Bhawna Malik, Centre Superintendent Diksha Dhingra were found to have conspired with accused Sudesh Kumar and Satish Kumar Singh to cheat the ICAI as well as thousands of aspirants by opening seal of question paper delivered to DAV Public School on 30th July 2007 and having distributed papers to few aspirants in return of monies.

The Court held 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 the 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 a fresh examination. The ingredients thus of cheating are fulfilled. As against accused Sudesh, he criminally conspired to carry out the above object and towards the said object, accused Sudesh committed overt acts such as receiving attendance sheets and question papers, making photocopies of the same, providing answers, and selling the same for wrongful gains. Accused Bhawna and Diksha have cheated ICAI as well as thousands of students. Accused Sudesh have criminal conspired with other accused persons to accomplish the illegal object.