S. THIMMARAJA, JUNIOR TELECOM OFFICER, BANGALORE TELEPHONE EXCHANGE, CENTRE DAVANGERE Vs. STATE BY CBI PS (SPECIAL)

JUDGEMENT

(1.) THE appellant calls in question his conviction by the trial Court in respect of an offence punishable under Section 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 and consequent sentence of two years S.I and Rs. 10,000/ - fine imposed by the trial Court and in addition forfeiting Rs. 3,92,639/ -.The case of the prosecution in short is that the accused white working as Junior Telecom Officer in BSNL, Jagalur Telecom Exchange, Davanagere was found in possession of Rs. 4 lakhs and two gold pieces weighing 22.410 grains and 22.860 grams respectively and further cash of Rs. 7,120/ - along with house hold articles and according to the prosecution, during the check period from 01.12.2000 to 16.12.2001, the accused was having assets disproportionate to his known sources of income to an extent of Rs. 4,14,894/ - and would offer no satisfactory explanation for the same. Therefore, the accused was charge sheeted.

(2.) FOLLOWING the accused not pleading guilty to the charge, the prosecution let in evidence by examining FWs 1 to 8 and got marked 20 documents along with six MOs. On the defence side, DWs 1 to 4 were examined and 8 documents were marked. Learned trial Judge after appreciating the evidence on record, accepted the prosecution case having been proved beyond all reasonable doubt and concluded that the accused was found in possession of the income to an extent of Rs. 3,92,639/ - which was in excess of known sources of income and accordingly, accused was convicted and sentenced as mentioned earlier.

(3.) LEARNED counsel for the appellant put forward four main grounds to challenge the conviction of the appellant and they are: -