(1.) This Criminal Appeal is preferred by Varadharajan, a public servant, his wife Mrs.Vasantha, and his son Mr.Sivaramakrishnan. The first appellant while serving as Stores Custodian in the Tamil Nadu Electricity Board was charged for the offence under Sec. 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. The second and third appellants, who are his wife and son, were charged for abetting him an offence punishable under Sec. 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 r/w 109 of the Indian Penal Code.
(2.) The sum and substance of the charge was that the first appellant Varadharajan, who was a public servant while working as Stores Custodian Grade-I in the Tamil Nadu Electricity Board during the check period between 1/1/1995 and 31/12/2000, had acquired wealth worth of Rs.12,40,533.00 in excess to his known source of income for which, his wife and son has aided by lending their name for the investment. The trial Court, on appreciating the evidence adduced by the prosecution, held the appellants guilty and sentenced them as below:- <FRM>JUDGEMENT_87_LAWS(MAD)4_2023_1.html</FRM>
(3.) The case of the prosecution as spoken by its witnesses reveal that, A1-Varadharajan entered into the Government Service on 1/1/1976 in Tamil Nadu Electricity Board as a temporary Super Numery Helper and later, gradually promoted as Stores Custodian Grade-II in General Construction Circle Store at Ambattur from 5/7/1995. Being satisfied in the preliminary enquiry that the accused has accumulated assets over and above the known source of income during the check period between 1/1/1995 and 31/12/2000 a detailed enquiry was conducted. Mr.M.Prabaharan, Inspector of Police, Vigilance and Anti-Corruption, City Special Unit-III, Chennai, submitted his detailed enquiry report leading to registration of the First Information Report in No.11/AC/2004/CC-II by the Vigilance and Anti-Corruption, City Special Unit-III, Chennai-20.