LUCIO RODRIGUES Vs. STATE

JUDGEMENT

(1.) Heard Mr. S. Saudagar and Mr. S. Pinto, learned counsel for the Appellant, and Mr. M. Amonkar, learned Additional Public Prosecutor for the Respondent.

(2.) This appeal is directed against the judgment and order dated 23.04.2010 made by the Special Judge, South Goa, at Margao, in Special Case No.1/2004 convicting the Appellant for offences punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 ( the said Act ) and to suffer imprisonment of one year and also pay fine of Rs. 1,00,000/- and in- default, to suffer further imprisonment of six months.

(3.) The Appellant was appointed as a preventive officer in the Customs Department in October, 1976. Thereafter, sometime, after 1980, the Appellant was promoted to Superintendent of Customs, Goa. There is no dispute that the Appellant was therefore a public servant. It is the case prosecution that for the check period 01.01.1980 to 22.06.2000 the Appellant, a public servant acquired assets, both movable as well as immovable to the tune of Rs. 38,55,980/- when his income from all sources during this period was to the tune of Rs. 24,84,072/-. Thus, it is the case of the prosecution that the Appellant was found in possession of assets, disproportionate to his known sources of income by a margin of almost Rs. 13,71,908/-. Based upon this, the charge was framed against the Appellant under Section 13(1)(e) of the said Act.