TINDIVANAM: A Tindivanam court on Wednesday set aside a lower court's order convicting former Puducherry education minister P M L Kalyanasundaram and two Tamil Nadu education department officials to two years in jail on charges of criminal conspiracy, forgery and cheating in connection with SSLC examinations.
The case related to allegations that Kalyanasundaram used a proxy to appear for SSLC supplementary examinations conducted in September 2011.
Tindivanam fast-track-cum second additional district court judge R Shanmuganathan acquitted Kalyanasundaram and others as the prosecution failed to prove the charges framed against them.
The prosecution failed to prove that the address mentioned in the application form of the accused number one -- Kalyanasundaram -- was the address of the accused number two - hall supervisor P Aadhavan.
Similarly, the prosecution failed to prove that the order issued by the accused number three -- office assistant M Rajnikanth -- appointing Aadhavan as the invigilator of the hall where Kalyanasundaram appeared for the examinations was a forged document.
In January 2013, Tindivanam judicial magistrate court-I judge A Saritha convicted Kalyanasundaram, Aadhavan and Rajnikanth to two years imprisonment under sections 120-B (punishment of criminal conspiracy) and 468 (forgery for purpose of cheating) of Indian penal code read with 109 (punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) of the IPC.
She had also convicted the former education minister and two others to a two-year jail term under section 471 (using as genuine a forged document or electronic record) read with 109 of the IPC.
V Balamurugan, one of the three counsels who appeared for Kalyanasundaram, told TOI that the Madras high court, while disposing a petition seeking quashing of Tindivanam judicial magistrate's order, had observed that there was no prima facie evidence of criminal conspiracy. Subsequently the case was 'made over' to Tindivanam fast-track- cum second additional district court for trial.
Kalyanasundaram, a tenth standard dropout, who was elected from Kalapet constituency in the Union territory of Puducherry on an All India N R Congress ticket, claimed to have appeared for tenth standard science supplementary examinations on September 29, 2011 at a private school in Tindivanam, Villupuram district. He failed in sciences and social sciences when he took tenth standard examinations in 1992.
Widespread allegations that Kalyanasundaram used a proxy to appear for the supplementary examinations in 2011 forced the Tamil Nadu government to order a probe.
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