RADHESHYAM MEHRA Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the legality, validity and propriety of the judgment of conviction and order of sentence dtd. 4/8/2017 passed by the Special Judge (Prevention of Corruption Act), Kabirdham (CG) in Special Sessions Case No.01/2016 whereby the appellant stands convicted under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act and sentenced to undergo RI for five years and pay a fine of Rs.1.00 lac with default stipulation.

(2.) Facts, in brief, of the prosecution case are that the accused/appellant was working as Chief Executive Engineer of Janpad Panchayat and was posted at various places between 1/9/2003 to 10/3/2011. The prosecuting agency obtained search warrant from the competent Court on 8/3/2011 and effected search at four different places at a time on 10/3/2011. According to the prosecution, the check period starts from 1/9/2003 and ends on 10/3/2011. During this period, the appellant acquired properties of Rs.75,43,891.00 which is unexplained earning of the appellant. The prosecution obtained sanction from the Additional Secretary, Govt. of Chhattisgarh, Law and Legislative Affairs Department and after completion of investigation, charge sheet was filed against him and accordingly, charges were framed by the trial Court under Sec. 13(1)(e) read with 13(2) of Prevention of Corruption Act which was denied by him and he pleaded for trial.

(3.) In order to prove its case, the prosecution examined as many as 31 witnesses and thereafter, statement of the accused/appellant was recorded under Sec. 313 of CrPC wherein he denied all the incriminating circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In his defence, he examined 10 witnesses and filed documents Ex.D/1 to D/10.