Besides endorsing the two charges against candidate Anju Singh and another girl Tanuja Kumari, who sat in her place to write the examination, Additional Sessions Judge T R Naval also upheld the charge of cheating and criminal conspiracy, against second girl's father Krishnandan for making his daughter write the paper for Rs 1.5 lakh.
The judge said there was sufficient material and evidence on record in the form of statements of witnesses against Anju, Tanuja and Krishnandan for framing of charges against them for cheating, impersonation and criminal conspiracy.
"The reasons which support my decision are firstly that all the ingredients which make out the offence of cheating, criminal conspiracy and cheating by impersonation are there in the present case," the judge said.
The court said the evidence prima facie shows that Krishnandan was present at the admission centre and he had brought Tanuja for appearing in the examination as per criminal conspiracy and for that purpose he had obtained an advance of Rs 50,000.
He was to receive more money after clearing of the examination by his daughter for another girl, it said.
As per the prosecution, IP University had conducted a common entrance examination (CET) on June 15, 2005, and Tanuja, Krishnandan and Anju Singh were caught at St Lawrence Convent examination centre of Geeta Colony in East Delhi.
The prosecution had said Krishnandan, who had taken Rs 50,000 from Anju as illegal gratification, had brought Tanuja to the centre to appear in the exam in place of Anju. It had said Tanuja and Krishnandan were caught at the main gate of the examination centre while they were carrying Anju's documents, including her admit card.
"Truth or falsehood has to be ascertained after conclusion of evidence by the respective parties. At this stage, I find that there is grave suspicion of commission of offences by accused persons, therefore, charge has to be framed against them for the said offences," the judge said.
The trial court had framed charges against the trio saying that Anju was the ultimate beneficiary if Tanuja had not been caught red-handed at the examination hall in place of her and prima facie, a case was made out against them.