STATE OF KARNATAKA Vs. C S KRISHNAMURTHY

JUDGEMENT

(1.) THIS appeal is by the CBI, bangalore, assailing the judgment of acquittal of the accused in CC No. 131/1990 on the file of the Special Judge, Bangalore City, dated 20-3-1998, acquitting the accused ground for want of proper sanction to prosecute the accused u/s. 6 of Prevention of corruption Act, 1947.

(2.) THE accused Sri. C. S. Krishnamurthy, technical Supervisor, Bangalore Telephones, Bangalore, was charge-sheeted for the offence under Sec. 5 (2) read with Sec. 5 (l) (e) of the Prevention of Corruption Act, 1947, alleging that during the period from 25-5-1964 to 27-6-1986 he acquired assets which were disproportionate to his known source of income and as on 27-6-1986 he was in possession of movables and immovable assets worth Rs. 4,01,454. 58 ps. which were disproportionate to his known source of income and he did not give satisfactory account. The CBI, Bangalore City, after completion of the investigation filed chargesheet. The learned Special Judge secured the presence of the accused, heard the prosecution and the defence, charges were framed for the above offences, accused pleaded not guilty and claimed to be tried. The prosecution in all examined P. W. 1 to p. W. 56 and marked Exhibits P-l to P-124. The statement of the accused was recorded under Sec. 313, Cr. P. C. The accused filed the written explanation. However, he did not choose to lead any defence evidence. The learned Special Judge, after hearing the prosecution and the defence formulated the following points for consideration :

(3.) THOUGH the prosecution has led evidence on point Nos. 2 and 3 the learned special Judge did not choose to record any finding, but only on the basis of the finding recorded on point No. 3 acquitted the accused for the offences under Section 5 (1) (e)read with Sec. 5 (2) of the Prevention of Corruption Act, 1947. It is this finding and the judgment of acquittal, which is questioned in the present appeal.