SHAHIDA SULTAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals are being disposed of by the common judgment since they arise out of common judgment dated 31.7.2017 passed by Special Judge (Prevention of Corruption Act) Bhopal in Special Case No. 08/98 whereby appellant Ku. Shahida Sultan has been convicted under Section 13 (1) (e) read with Section 13 (2) of Prevention of Corruption Act, 1988 and sentenced to 2 years RI and fine of Rs. 2,000/- with stipulation clause and also convicted appellant Javed Mirza under Section 193 of IPC and sentenced to 2 years RI and fine of Rs. 2,000/- with default clause.

(2.) Having heard the learned counsel for the parties and perusal of the record, considering the prosecution case, defence of the appellants and evidence adduced by both the sides, it emerged that there are no controversy on the following relevant points of the case.

(3.) The rest of the facts of the prosecution case are that after recovery of the huge amount without any explanation Crime No. 37/97 under Section 13 (1) (e) of PC Act was registered against Ku. Shahida Sultan at police station Special Police Establishment, Lokayukta, Bhopal and on investigation it was revealed that the total value of the amount spent by Ku. Shahida Sultan on her livelihood and the article found in her possession and bank deposit and the aforesaid seized amount of Rs. 6,03,600/- was Rs. 8,21468/- which was more than 169 percent in comparison of her total income, Rs. 3,21,968/- as mentioned earlier. With regard to aforesaid deposited amount, she failed to give any legal and reliable explanation.