SARAT ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) Criminal Appeal No. 313 of 1999 has been filed by the Appellant - Sarat Rout, a former Minister of State of Orissa challenging the order passed by the Special Judge (Vigilance), Bhubaneswar in T.R. Case No. 26 of 1991, convicting him under Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "P.C. Act") and sentencing him thereunder to suffer rigorous imprisonment for one year and to pay a fine of Rs. 20,000/ -, in default to suffer further rigorous imprisonment for three months for having committed the offence of criminal misconduct specified in Sec. 13(1)(e) of the Act by acquiring and possessing assets disproportionate to his known sources of income.

(2.) Government Appeal No. 5 of 2000 has been filed by the State for enhancement of the sentence imposed in the very same order impugned in the above criminal appeal on the ground that the same is not adequate.

(3.) On perusal of the impugned order passed by the learned Special Judge (Vigilance), it reveals that the trial Court found that the accused -appellant, who was a public servant, being a Minister of State of the Government of Orissa from 30.5.1985 to 7.12.1989, was in possession of assets worth Rs. 1,94,351.70 disproportionate to his known sources of income, during the check period, i.e., from 30.5.1985 to 16.5.1990.