PURSHOTTAM GOPAL NANAVARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence dated 14th August, 1992, awarded by the learned Addl. Sessions Judge, Special Judge, Satara in Special Case No. 3 of 1988, wherein the appellant/accused has been convicted under section 5 (1) (e) punishable under section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to suffer R. I. for 3 years and to pay a fine of Rs. 10,000/- in default, R. I. for 6 months.

(2.) THE prosecution case in short is that, originally, in all 5 accused persons were charge-sheeted. Accused Nos. 1 to 4 are the family members. Accused Nos. 2, 3 and 4 are the wife, son and mother of appellant-accused and accused No. 5 is the friend of the appellant-accused. However, accused Nos. 2 to 5 have been acquitted. It is the prosecution story that the appellant-accused was serving as Police Sub-Inspector at Panvel Police Station, Dist. Raigad in the year 1986. The appellant-accused entered in the Police service as Police Constable in the year 1963 and it is alleged that during his service period, right from 1963 to 1986, he has acquired property disproportionate to his known source of income i. e. valuable articles and cash amounting of Rs. 2,78,295. 35 and the original accused Nos. 2 to 5 have abated him in committing the offence punishable under section 5 (1) (e) r/w. section 5 (2) of the Prevention of Corruption Act.

(3.) AFTER recording the prosecution evidence, the learned Judge held the offence proved against accused No. 1 only and therefore, accused Nos. 2 to 5 have been acquitted and the appellant-accused has been convicted by his order dated 14-8-92. Hence this appeal.