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Panchkula: Court sets aside 2015 acquittal verdict in fake MBBS degree, loan scam case
On January 31, 2008, the Sector 5 police had registered an FIR under sections 326, 419 and 420 of the IPC against Sandeep Sharma of Kaithal
The court of additional sessions judge Himanshu Singh has set aside the order of acquittal passed by the then chief judicial magistrate (CJM) in March 2015 in a case involving fake medical degrees, forged property documents, and bank loan fraud. The matter has been remanded to the trial court for rehearing and a fresh judgment.
On January 31, 2008, the Sector 5 police had registered an FIR under sections 326, 419 and 420 of the IPC against Sandeep Sharma of Kaithal. He was accused of running Shubham Hospital and Diagnostic Centre, Sector 20, Panchkula, while falsely claiming to hold MBBS and MS (Ophthalmology) degrees. Verification from PGIMS Rohtak and CMC Ludhiana confirmed that no such degrees had been issued in his name.
During investigation, it surfaced that Sharma, in conspiracy with Manohar Lal Jain of Zirakpur, forged documents of a Sector 20 flat and prepared fabricated bills to secure bank loans. Bank officials Ritender Chopra and Surender Gupta, along with Shashi Kant Galhotra, were also accused of colluding in the fraud. Forged bills and property papers worth nearly ₹93 lakh were prepared to obtain drafts and loans from two banks.
A supplementary challan was also filed against other accused. Proceedings against co-accused Arvind Gautam were dropped after his death in 2014, while Surender Gupta was discharged in 2009. The trial court had charge-sheeted the remaining accused under sections 420, 467, 468, 471 and 120-B IPC.
In 2015, all accused were acquitted by the CJM. The state filed an appeal the same year. During appeal proceedings, applications under Section 391 CrPC were allowed, permitting additional evidence. Prosecution examined 31 witnesses during trial and four more during appeal, including expert testimony confirming that Sharma’s degrees and registration certificates were forged.
The appellate court observed that “clinching evidence” had surfaced against Sharma. While the prosecution had claimed that the trial court had failed to properly evaluate prosecution evidence.
Setting aside the 2015 acquittal, the court directed the trial court to rehear the matter and decide afresh. The trial court has been ordered to conclude proceedings expeditiously. Parties and their counsel have been asked to appear on October 4.
