NAWAL KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Nawal Kishore has been found guilty for an offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act and has been sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.25000/- and in default thereof, to undergo S.I. for six months vide judgment of conviction and order of sentence dated 22.04.2015 passed by Special Judge, IInd, CBI, patna in Special Case no.06/2013 arising out of R.C. Case no.10A of 2013.

(2.) R.C. Case no.10A of 2013 was registered on the self- statement of V.K. Singh, DIG, CBI/ACB Patna after preliminary enquiry being reported by the postal official on 01.05.2013 on the pretext that during check period 01.01.2006 to 30.06.2010, Nawal Kishore, son of late Jharilal Mochi, who was Sub Post Master at Ganga Darshan Munger Town Post Office, Munger accumulated huge assets in his name as well as in name of his wife, children disproportionate to his income so detailed whereupon, investigation concluded by way of submission of charge sheet, followed with order of cognizance as well as conduction of trial, meeting with the ultimate result, subject matter of challenge under the present appeal.

(3.) Defence case as is evident from mode of cross- examination as well as statement recorded under Section 313 of the Cr.P.C is that of complete denial. It has also been pleaded that there happens to be no acquisition of properties disproportionate to his income rather those properties have been bequeathed by his uncle to his wife who was working at Jamalpur Railway Factory, got retrial benefit and being issueless, was residing with them along with his wife, and that happens to be the main source of income with the aid of which acquisition has been made in name of wife as well as children, different accounts have been opened, operated upon and to substantiate the same, apart from oral evidence, documentary evidence has also been adduced, exhibited.