SURYA SANKARAM KARRI CHIEF COMMERCIAL INSPECTOR S E RAILWAY VIZIANAGARAM A P Vs. STATE INSPECTOR OF POLICE SPE CBI VISAKHAPATNAM

JUDGEMENT

(1.) The appellant herein was tried by the Special Judge for C.B.I. Cases, Visakhapatnam, in C.C.No.5./1996 on the charge that he was possessing disproportionate assets worth Rs.8,24,738.90 than his known sources of income and the learned Special Judge for C.B.I. Cases (for short 'the Special Judge ') found the appellant guilty of the said charge and convicted the appellant for the offence punishable under Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo Rigorous Imprisonment for three years and to pay a fine-of Rs.4,00,000.00 in default to suffer Simple Imprisonment for one year.

(2.) The gravamen of the charge is that the appellant worked as Assistant Station Master in the South Eastern Railway, Vizianagaram from 16-12-196 1/02/1984 and as Commercial Inspector from February 1984 to July 1986 and as Senior Commercial Inspector from July 198 6/12/1993 and was later promoted as Chief Commercial Inspector and was working as such from December 1993. He has wife, three sons and a daughter. The daughter was married in the year 1978. While the eldest son is working in the South Eastern Railways as Senior Ticket Collector, the second son is working as Lecture in GITAM Engineering College, Viskhapatnam and the third son of the appellant is working as Assistant Engineer, Visakhapatnam Steel Plant at the relevant point of time. Neither the appellant nor his wife inherited any immovable property.

(3.) On 9-8-1994, the Inspector of Police C.B.I., Visakhapatnam conducted simultaneous raids on the houses of the accused and his third son, i.e. K. Srinivas (D.W.3). The check pertains to the period from 1-1-1986 to 9-8-1994. In the raids, the C.B.I, personnel found that the accused and his family members had a total income of Rs.6,73,203.69 including loans and advances obtained during the said check period and that they had spent an amount of Rs.3,31,068.75 but the accused and his family members acquired movable and immovable assets worth Rs.1 1,66,87,84 during the check period. Thus, it is alleged that the accused was in possession of assets and pecuniary resources in his name and in the name of his wife worth Rs.8,24,738.90 disproportionate to his known source of income as on 9-8-1994. According to the prosecution, the appellant could not account for the said disproportionate income satisfactorily. Therefore, the C.B.I. personnel having come to the conclusion that the appellant acquired the said properties and pecuniary resources by dubious means or through corrupt practices, laid charge sheet against him for the offence punishable under Section 13(l)(e) read with Section 13(2) of the Prevention of Corruption Act, after obtaining necessary sanction form the competent authority, i.e., Senior Divisional Commercial Manager, South Eastern Railway, Waltair.