ASHOK KUMAR KAPOOR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Impugned judgment of 22nd Nov., 2012 holds appellant guilty of possessing assets disproportionate to his known source of income to the extent of Rs.8,08,750.00 during the check period from 01st Jan., 1998 to 10th Nov., 2000. Appellant stands convicted for the offence under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and vide order of 27th Nov., 2012, appellant has been sentenced to rigorous imprisonment for two years and to pay a fine of Rs.2.5 lakhs with default clause for the offence in question.

(2.) The facts as noticed by the trial court in the impugned judgment need not be recapitulated, as disproportionate assets found are to the tune of Rs.8 lakhs odd. Suffice it to note that appellant was working as a Private Secretary to the Vice Chairman of DDA during the check period and that the lockers in question was jointly held by appellant's mother-in-law and himself, in which cash of Rs.8 lakhs was found. It is a matter of record that the CBI had retained the bank note slips of the cash recovered from the said locker and had deposited the recovered cash in the bank. On this aspect, the relevant observations made by the trial court are as under:-

(3.) Upon appreciation of evidence, the trial court has concluded as under:-