PRAKASH VISHWASRAO KOHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the original accused No. 1 (for short-the 'appellant') who was charged along with his wife Mrs. Kshama Kohak (Original accused No. 2) in Special Case No. 3/90 in the court of Special Judge, Ahmednagar on an accusation that he, in a capacity of a public servant, during the period between March 1967 to Nov. 20th, 1987 had acquired and possessed assets which were dis-proportionate to his known sources of income for which they failed to account satisfactorily and that the co-accused No. 2 aided and abetted the appellant and hence they are liable to be punished under Sec. 5(1)(e) read with Sec. 5(2) of the Prevention of Corruption Act, 1947 (for short, the 'Act').

(2.) The learned Special Judge by his judgment and order dated 3.4.1993 acquitted the accused No. 2 but convicted the appellant under Sec. 5(1)(e) read with Sec. 5(2) of the Act and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs. 4,00,000.00 in default to suffer further rigorous imprisonment for twenty months. It was also directed that the cash amount worth Rs. 47, 685.00 be confiscated to the State. The appellant, therefore, questions correctness, legality and propriety of the judgment and order of conviction and sentence passed against him as aforesaid.

(3.) The appellant had joined his services in the Excise Department of the State of Maharashtra as a Superintendent of Prohibition and Excise, in the month of Sept., 1965. He worked in that capacity at several places till he was suspended in the month of March, 1988. He married co-accused Kshama in Dec., 1972.