RAJIV JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge by way of this appeal, brought by Rajiv Jain, the appellant is to the judgment of his conviction dated 24.09.2005 passed by learned Special Judge, Sonipat vide which he has been held guilty and convicted for an offence punishable under section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, "the Act") and the order on sentence of the same date vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 5000/- for the aforesaid offence with further rigorous imprisonment for a period of six months in default of payment of fine.

(2.) The brief facts required to appreciate the controversy involved in this appeal are as under:

(3.) The enquiry report with the aforesaid conclusions was sent to Police Station, Rai where on the basis of the same, a case by way of FIR No. 119 dated 3.5.2000 was registered under Section 13(1)(e) of the Act. The investigation was taken up by Sh. Hardeep Singh Doon, the then Deputy Superintendent of Police, Headquarters, Sonipat and it was later on handed over to Shri Swaran Singh, the then DSP, Crime Branch, Madhuban, Haryana. During investigation, it was found that Rajiv Jain remained posted as press secretary of the then Chief Minister, Haryana from May 1996 to July, 1999 and during this period, he received a total salary of Rs. 5,53,955/- as emoluments. He was found to have acquired the following moveable and immovable assets in his own name, in the name of his wife, Kavita Jain and brother Manoj Jain, as are noticed by learned Special Judge, Sonepat in para No. 4 of his judgment: