MANJUNATTA GEORGE VARAGHES Vs. GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) BY his judgment dated 31 -7 -1969, Shri P.N. Roy, Special Judge (II), Manipur, convicted the appellant, Manjunatta George Varaghes under Section 5(2) of the Prevention of Corruption Act, 1947, hereafter called the Act, and sentenced him to two years' rigorous imprisonment. The sum of Rs. 11,300/ -seized from the convict by the Police was directed to be confiscated to the State. Having felt aggrieved, the convict has come up in appeal.

(2.) THE facts of the prosecution case, shortly put, are that on getting some firm intelligence, Shri A. Nilamani Singh, Sub -Inspector of Police, rushed to the Tulihal airport and contacted Manjunatta George Varaghes who was one of the passengers to board the plane that was expected to fly shortly afterwards. The Sub -Inspector searched the baggage of Maniunatta George Varaghes and found currency notes of rupees one hundred each of the total value of Rs. 11,300/ - inside a pillow forming part of that baggage. The money was seized and the accused taken into custody. After necessary investigations, the accused was hauled up under Section 5(2) of the Act.

(3.) THE learned Special Judge disbelieved the accused on the points that he had borrowed Rs. 1,500/ - from P.M. Thomas, or that Issac Mathew, K.C. Mathew, and C.K. Jacob had given him any money for being delivered to their parents in Kerala, or that he had saved Rs. 6,300/ - out of his earnings during the period of his employment in Manipur from 20th November 1958 to 31st March 1963. The Special Judge found that the accused was possessed on 10 -4 -1963 of money which was disproportionate to his known sources of income and that as such he was guilty of criminal misconduct as defined in clause (d) of Section 5(1) of the Act. He, therefore, convicted and sentenced the accused in the manner stated above.