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 November 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 Section 5(1)(e) read with Section 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 Section 5(1)(e) read with Section 5(2) of the Act and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs. 4,00,000/ - in default to suffer further rigorous imprisonment for twenty months. It was also directed that the cash amount worth Rs 47, 685/ - 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.) WHILE the appellant was working as Excise Superintendent at Ahmednagar, PW 17 Abdulla Irani, who was then Chairman of District Liquor Merchants' Association, Ahmednagar (for short, hereinafter, referred to as the 'Liquor Association') on 30.8.1986 lodged a complaint with the Commissioner of Excise against the appellant alleging that the appellant demanded the money from members of the said association for renewal of their CL -III licences, through one Sub -Inspector. It appears that, when the delegation headed by the Chairman along with some members of association went to the Commissioner - Shri Chobey, the Commissioner asked them, whether any of them had paid amount to the appellant. It appears that some of them stated that they had paid money to the appellant. Therefore, Shri Chobey asked them to file affidavits to this effect. Affidavits were accordingly filed. The Commissioner then asked PW 17 Irani to go to Director General of Police., Anti Corruption Bureau, in regard to their grievances. Accordingly on 31.8.1986 PW 17 Irani contacted Director General of Police and submitted copies of the complaint along with copies of affidavits which were initially submitted to the Commissioner of Prohibition and Excise. In consequence, PW 18 Dy. S.P. Joshi, from Anti Corruption Bureau was entrusted with the enquiry on 8.9.1995. PW 10 Shri Joshi made certain enquiries and recorded statements of the appellant and on gelling details of properly of the appellant, he submitted his report to his superior i.e. to the Director of Anti Corruption on 18.8.1987. On receipt of authorisation, PW 18 Joshi registered an offence on 26.11.1987 by filing first information report (Exh. 185).