KAMAL LAL GHARDE Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment- dated 03/10/2001, whereby the appellant was convicted under Section 13(l)(e) read with 13(2) of the Prevention of Corruption Act, 1988 (for short "the 1988 Act") and sentenced to undergo R.I. for 2 years and to pay a fine of Rs.25,000/- and in default, to suffer R.I. for 1 year. Further, a direction was also given to confiscate the assets found disproportionate to the known sources of appellant's income.

(2.) DURING the check period from 1st January, 1984 to 25th Feb. 1994, the petitioner had remained posted in various Telecom Offices at Jabalpur as Junior Accounts Officer, Accounts Officer and Senior Accounts officer. In this period, he had received the salary and other allowances as reflected in the statements (Ex.P/1.1 to P/1.4, Ex.P/2.1 & P/2.2, Ex.P/3.1 to P/3.4 and Ex. P/4.1 and P/4.2). He had invested a sum of Rs. 1000/- in Share (Ex.P/11) and spent (a) Rs.20,155/- to purchase a Motorcycle (b) Rs.4150/- to purchase a cooler (c) Rs.8950/- to purchase Luna Super and (d) Rs.800/- towards TMT Test and Rs.950/- and Rs. 1745/- on LPG connection and cylinders. These facts are not in dispute.

(3.) LEGALITY and propriety of the conviction in question have been challenged primarily on the following grounds -