RAM ADHAR RAM Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal filed under Section 374(2) Cr.P.C. is directed against the judgment and order dated 03.07.1999 passed by Sri A.N. Dwivedi, Special Judge, Anti-Corruption (West), U.P., Lucknow convicting the appellant, Ram Adhar Ram @ Ram Adhar Rai under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 ('Act' in short) and sentencing him to rigorous imprisonment for one year in addition to Rs. 50,000/- as fine. Failure to pay the fine would bring further six months' R.I.

(2.) Briefly stated facts are that an F.I.R. was lodged on 23.09.1983 to the effect that Ram Adhar Ram while functioning as Postal Assistant (Clerk) in the Postal Division, Barabanki and Lucknow is said to have earned Rs. 2,45,000/- by corrupt and illegal means which are disproportionate to known sources of income. This report was lodged by Sri S.C. Chaubey, S.P. C.B.I. After investigation, chargesheet was submitted on 05.06.1985 whereupon, case was registered, cognizance was taken and accused was summoned. Charge was framed on 14.05.1987 which accused denied and claimed trial.

(3.) Prosecution examined as many as 22 witnesses. In the statement made before charge and under Section 313 Cr.P.C. accused denied the allegations and submitted that whatever amount was in his name actually did not belong to him. The amount deposited in F.D.R. was of a Swami Ji, namely, Rudradevanand Saraswati of a 'Math' and on maturity same was taken by Swami Ji/Math. F.D.Rs. were taken on the instructions of Swami Ji. Money belonged to Swami Ji and he had no concern with the said money. It has been submitted that money was deposited by Swami Ji/Math and was taken back by him on maturity. Swami Ji used to live in solitude and did not indulge in any activity except spiritualism. Rama devi, an old lady, resided in Ashram and she was known as 'Gurumata'. No evidence was led in defence. He referred to other sources of income also.