STATE OF KERALA Vs. P.H.MUNEER

JUDGEMENT

(1.) This Revision Petition is at the instance of the Vigilance and Anti Corruption Bureau ('VACB' for short) represented by the State of Kerala and in this Revision Petition, the order in C.M.P.No.1387 of 2017 in C.C.No.354 of 2016 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha, dated 06.01.2024 is under challenge. The sole respondent herein is the sole accused in C.C.No.354/2016, who is the petitioner in C.M.P.No.1387 of 2017.

(2.) Heard the learned Special Public Prosecutor appearing for the revision petitioner and the learned counsel appearing for the 1st respondent. Perused the records as well as the order impugned.

(3.) Here the prosecution allegation is that the accused, who worked as a public servant in the Public Works Department Roads (NH Division), for the period from 01.08.1992 to 29.07.2009, acquired assets worth Rs.36,01,292.00 and incurred expenditure of Rs.39,70,103.00 making a total of Rs.75,71,395.00, whereas his income from known sources during the relevant period would come to Rs.49,21,282.00. According to the prosecution, in view of the above facts, the accused amassed income worth Rs.26,50,112.00, that is, 53.85% more than his known source of income, for which he could not satisfactorily account for, as revealed from statements A to D. On this premise, prosecution filed final report before the Special Court alleging commission of offences punishable under Section 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 ('PC Act, 1988' for short), by the 1st respondent/accused.