52
the prosecution will not destroy the prosecution case totally. In the
cross examination the defense tried to establish that P.W. 5 is not well
conversant with English language but the
exact degree of his
knowledge on English language was not clear from the trend of cross
examination and on the contrary the P.W. 18 the I.O. of this case has
emphatically stated that P.W. 5 knew English which means that P.W. 5
do has knowledge in English language.
So, it appears before this court now at this point from the seized
documents (exhibits 10, 13/3, 14/2, 15/2 and 16/2) that the accused
Animesh Boxi is a student of Budge Budge Institute of Technology and
there is nothing in the cross examinations of P.W. 5 that Animesh Boxi
is not the student of Budge Budge Institute of Technology and these
exhibits contained the handwriting and signature of accused Animesh
Boxi. P.W. 5 in the only witness from Budge Institute of Technology
and on careful perusal of the cross examination of P.W. 5 there is
nothing that Animesh Boxi is not the student of Budge Budge Institute
of Technology. The Ld. Lawyer for the accused at the time of
argument submitted that as per The West Bengal University of
Technology Act, 2000 the Registrar cannot certify the documents of
the candidates nor can send any documents of any candidates. Be it
mention herein that regarding this no question has been put to P.W. 5
and now at the time of argument taking this plea is not justified as to
whether The West Bengal University of Technology Act, 2000 is
applicable here or not.
P.W. 18 in his evidence stated that in exhibit 10 he had encircled
and marked I (marked by this court as exhibit 10/6), in exhibit 13/3 he
had encircles and marked exhibits J and J1 (marked by this court as
exhibits 13/12 and 13/13), in exhibit 14/2 he had marked exhibit K
(marked by this court as exhibit 14/7), in exhibit 15/2 he had marked
exhibit L (marked by this court as exhibit 15/7) and in exhibit 16/7 he
had marked exhibit M (marked by this court as exhibit 16/7). It has
been further stated by P.W. 18 that on 07/9/17 he had produced the
documents (exhibits 10, 13/3, 14/2, 15/2 and 16/2) before the Ld.
Chief Judicial Magistrate, Purba Medinipur along with prescribed
format duly filled by him under proper challan and Ld. Chief Judicial
Magistrate, Purba Medinipur had been pleased to forward the same
and signed on all the documents, prescribed form and challan and in
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