THIRMAL TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 30.05.2012, passed by the learned Special Judge, C.B.I., Assam in Special Case No. 01/2005, convicting the accused appellant under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 ('PC Act', in short) and sentencing him thereby to undergo rigorous imprisonment for 4 years with fine of Rs. 5,000/- in default of payment of fine, further rigorous imprisonment for one month. Heard Mr. T.C. Chutia, learned counsel for the appellant as well as Mr. P.N. Choudhury, learned Standing Counsel appearing on behalf of the C.B.I.

(2.) The appellant, herein, was a LDC and subsequently promoted as UDC in the office of the Regional Passport Officer, Guwahati, allegedly acquired assets to the tune of Rs. 28,63,822/- (approx.) in the form of land, building, Maruti Car, costly household items, Investment Certificates etc. from 01.01.1990 onwards, which was grossly disproportionate to his known sources of income. The house of the accused appellant was searched on 08.08.2002 in connection with RC-15(A)/2001 -SHG against his known sources of income of Rs. 7,23,032/-. After allowing the probable expenditure of Rs. 2,41,010/- (approx.) and also probable savings of Rs. 53,176/- (approx.) prior to 01.01.1990 i.e. the beginning of the check period, the appellant was found in possession of assets disproportionate to his known sources of income to the tune of Rs. 23,28,624/- (approx.) as on 08.08.2002. Hence, a case was registered and the Inspector of CBI, ACB, Guwahati, investigated the case.

(3.) On completion of investigation, charge sheet under Section 13(2) read with Section 13(1)(e) of PC Act was submitted against the accused appellant. The accused pleaded not guilty to the charge framed against him under Section 13(2) read with Section 13(1)(e) of PC Act and claimed to be tried.