R JANAKIRAMAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed against the conviction and sentence dated 25.1.1993, passed against the accused in C.C.No.2 of 1987, on the file of the learned Special Judge (I Additional Sessions Judge), Madurai, under Sec.5(i)(e) read with 5 (2) of the Prevention of Corruption Act, 1947.

(2.) THE Inspector of Police, S.P.E./C.B.I., Madras filed a complaint against the accused R.Janakiraman, stating that the accused was appointed as public servant in the post of Permanent Way Inspector before promoting him as Assistant Engineer in the Southern Railways; that he was posted at Kuppam, Katpadi and Dindigul during the period from 1.5.1976 to 29.5.1986; that when the residence of the accused was searched on 29.5.1986 it was found that the accused had acquired assets in his name and in the name of his wife Smt.J.Pattammal to the extent of Rs.4,63,551, which were disproportionate to the known sources of his income; that the accused could not satisfactorily account for such assets and that thereby committed an offence punishable under Sec.5(i)(e) read with 5(2) of Prevention of Corruption Act, 1947.

(3.) P.W.23 had taken the period from 1.5.1976 to 29.5.1986 as check period and fixed the initial asset of the accused on 1.5.1976 as Rs.13,449.17 based on his enquiry. The accused is having a house property at No.10, Swarnapuri, Salem and has let out the said property on a monthly rent of Rs.650 after receiving an advance amount of Rs.3250. The evidence of P.W.16 Vadivelu supports the evidence of P.W.23 with regard to the rental income of Rs.650 p.m. from the said house property owned by the accused. P.W.3 Sethurajan, Senior Clerk in the Personnel Section of the office of the Railway A.P.O., Madurai and P.W.6 Thiru V.Thirumalachari, Assistant Labour Welfare Officer in the Southern Railway, Madurai have spoken about the pay drawn particulars of the accused for the period from 21.5.1981 to June 1986 and produced Ex.P-15, which is the Pay Drawn Particulars of the accused for the abovesaid period. In Ex.P-15, the carry home salary of the accused during the abovesaid period, after deducting a sum of Rs.17,947.80 was shown as Rs.92,114.50. According to P.W.6, the maintenance of rails, giving contract work in connection with maintenance of rails, checking the contract work as mentioned above and issuing certificate are the work of the Permanent Way Inspector and the said work has to be supervised by the immediate superior viz., the Assistant Engineer, who has to look after the maintenance of the buildings of the Southern Railway in addition to the abovesaid work.