REKHA RANI Vs. CBI

JUDGEMENT

(1.) Present petition is directed against the orders dated 31st July, 2014 and 1st August, 2014 passed by learned Special Judge CBI-3 (PC Act), New Delhi in CC No. 6/13 and consequential proceedings arising out of FIR No. RC-35A/2005/DLI/CBI/ACB/New Delhi.

(2.) The charge-sheet filed against the petitioner and her husband Sh.Anand Kumar Singhal, was on the charges that her husband being a public servant while working on various posts at various places has possessed assets of worth Rs.1,01,74,878/- in his name and in the name of petitioner, which were disproportionate to the tune of Rs.54,34,515/- to his known sources of income. Accordingly, vide order dated 01.08.2014, learned Trial Court framed charge against husband of the petitioner for the offences punishable under Sections 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 (hereinafter referred as the said Act). And charge against the petitioner was framed for the offences punishable under Section 109 of the IPC read with Section 13 (2) read with 13 (1) (e) of the said Act.

(3.) Learned counsel appearing on behalf of the petitioner submitted that the learned Trial Court has wrongly interpreted the scope of said Act which is comprehensive and self-contained in which punishments are specifically provided for abatement of certain offences, without relying on the provisions of the IPC. Such provisions are qualified in Sections 10 and 12 of the Act which make punishable only abatement of offences under Sections 7, 8, 9 and 11 of the Act. There is no provision whatsoever in the Act for punishment of any offence under any other provision in general and Section 13(1)(e) in particular. The learned Judge has erred in interpreting the scope of Section 109 of the IPC and Section 13(1)(e)and 13(2) of the Act.