A. GOMATHINAYAGAM Vs. STATE THROUGH INSPECTOR OF POLICE

JUDGEMENT

(1.) THE sole accused in C.C.No.7/2003 on the file of the Principal Special Judge for CBI Cases, Madurai, who was prosecuted for an offence under section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, found guilty, convicted and sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs.15,000.00 and to undergo simple imprisonment for three months in case of default in payment of fine, by the trial court by its judgment dated 06.12.2005, has come forward with the present appeal. Besides the above said punishment, the trial court also directed confiscation of the term deposits and bank balance standing in the name of the accused, which were listed as items 4 and 7 in annexure-B. The present appeal has been filed challenging the said judgment. For the sake of convenience, the appellant shall be referred to as accused.

(2.) THE case of the prosecution, as discerned from the evidence adduced on the side of the prosecution, can be briefly stated as follows: The accused A.Gomathinayagam served in the Customs and Central Excise Department during the check period commencing from January 2001 to August 2001 as Superintendent at Tuticorin and Tiruchendur and then as Assistant Commissioner at Madurai, Kovilpatti, Nagapattinam, Ramanathapuram and Tuticorin. As such he was functioning as a public servant during the said period. On receipt of reliable information that he had acquired assets disproportionate to his known sources of income, the Superintendent of Police, CBI, Chennai under Ex.P2-letter dated 27.09.2001 authorised PW.15-Syed Bazullah, the then Inspector of Police, CBI under section 17 of the Prevention of Corruption Act, 1988 to register a case under section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 against the accused and investigate the same. PW.15 prepared Ex.P26-first information report and registered a case on 27.09.2001 in Crime NO.RC MA1 2001 A 0041. After registering such a case, he obtained permission from the trial court and conducted a search at the residential premises of the accused bearing door No.214, New Colony, Tuticorin in the presence of the accused and of two independent witnesses and seized the articles found in the search list-Ex.P28. PW.15 also prepared Ex.P29-inventory showing the properties found in the house of the accused at the time of search. Thereafter, by orders of the Superintendent of Police, CBI, Chennai, investigation of the case was entrusted to Sri.Arun Kumar, Inspector of Police, CBI, who conducted part of the investigation. Then it was entrusted to PW.16-C.S.Mani, Inspector of Police as per the order of the Superintendent of Police, CBI, Chennai under Ex.P30. PW.16 examined the witnesses, wife of the accused and recorded their statements. He also collected the relevant materials. On completion of investigation, PW.16 fixed the period commencing from 25.05.1993 and ending with 31.08.2001 as the check period and calculated the assets with his known sources of income in the following manner:-

(3.) AFTER the completion of recording of evidence adduced on the side of the prosecution, the accused was questioned under section 313(1)(b) of Cr.P.C. regarding the incriminating materials found therein and also generally regarding the charge. The accused denied the correctness of the incriminating materials found in the evidence on the side of the prosecution and reiterated his stand that he was innocent. No witness was examined and no document was marked on his side.