R SEBASTIAN Vs. STATE REP

JUDGEMENT

(1.) The accused in Sessions Case No. 1/1995 on the file of the Special Judge, Madurai appeals against his conviction and sentence to undergo RI for five years and to pay a fine of Rs.10,000/-, in default to undergo RI for six months for the offence punishable under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, on the allegation that between 1.1.1976 and 30.12.1988 as Deputy Surveyor and as Sub-Inspector of Surveys, the accused acquired property worth about Rs.15,45,144.50 disproportionate to his known sources of income. The brief facts required to dispose of the appeal are as follows:-

(2.) The appellant though joined Government Service in the year 1962, worked as Deputy Surveyor and then Sub-Inspector of Surveys from 1.1.1976 to 31.12.1988. During that period, he acquired wealth worth about Rs.41,42,149.50 as per statement No.2 in Ex.P.53, while the properties standing in the name of the appellant prior to the check period i.e. 1.1.1976 was only worth about Rs.16,711 as per statement No.1 in Ex.P.53. He received the income by way of salary and through other properties including rental income and agricultural income as well as bank loans totalling Rs. 28,79,526/- between 1.1.1976 and 31.12.1988 as per statement No.3 in Ex.P.53. His expenditure for the family maintenance and other commitments during 1.1.1976 to 31.12.1988 amounts to Rs.2,99,232/- as per statement No.4 in Ex.P.53. The disproportionate assets acquired during the check period as revealed in the statement No.6 to Ex.P.53 is Rs.15,45,144.50.

(3.) P.W.2 Rev. Fr. Henry Amirtharaj, Director of Society of Marry, Madurai sent Ex.P.18 to the Director of Inspection (Investigation), Income tax Department,Madras-34 alleging that the appellant was getting a plenty of black money and was also doing real estate business and amassed plenty of wealth. Ex.P.18 was forwarded to the Inspector General of Police, CBI. The Office seal of the Inspector General of Police,CBI., bears the date 28.10.1986 and Ex.P.18 was dated 23.10.1986. P.W.19 Inspector of Police, Directorate of Anti Corruption, Madurai received the complaint and started his preliminary enquiry in Complaint No.29/1987 on 13.2.1987. After completing his preliminary enquiry he submitted his report. The Director of Vigilance and Anti Corruption by his order dated 3.7.1987 ordered P.W.19 to conduct a detailed enquiry. After a detailed enquiry as per the orders of the Director-cum-Vigilance Commissioner made in No.1802/ECII/88-2 dated 30.3.1988, a case was registered by P.W.19 on 30.7.1988 in Crime No.7/88 under Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act. The printed First Information Report prepared by P.W.19 in this case is Ex.P.49.