AKHOURI INDERDEO PRASAD Vs. STATE

JUDGEMENT

(1.) This appeal has been referred to a Division Bench by a learned Single Judge. The question raised in the appeal involves the interpretation of Section 5 of the Prevention of Corruption Act (Act II of 1947).

(2.) The appellant, Akhouri Inderdeo Prasad, has been convicted by the Special Judge of Gaya under Section 5, Sub-section (2) of the Prevention of Corruption Act (hereinafter to be called the Act) and sentenced to suffer rigorous imprisonment for five years as also to pay a fine of Rs. 1,000/-, and in default, to suffer a further period of rigorous imprisonment for one year. An order has also been passed under Section 517 of the Code of Criminal Procedure for the confiscation of a sum of Rs. 36,083-12-0 which was recovered from the appellant's house. The appellant was a clerk at the Gaya Collectorate. He had been appointed on a salary of Rs. 20/- per month, but in the year 1954 he was drawing a salary of Rs. 76/- per month. On the 27th April, 1954, a box containing more than Rs. 10,000/- was stolen from the Nazarat of the Gaya Coliectorate. On the 29th April, 1954, the appellant's house was a subject of a search in the presence of a Magistrate and a sum of Rs, 36,083-12-0, was recovered therefrom. It seems that the recovery of such an amount caused surprise on which account further enquiries were made. It was then found that a sum of Rs. 17,115.6-0 was in deposit in the name of the appellant at the State Bank at Gaya, a part of which was in fixed deposit and the remainder in savings account, and a sum of Rs. 16,921-1-0, was in deposit in the saving bank account at the Gaya post office in the name of the appellant's minor children. This came to a total Rs. 70,120-3-0. The appellant has also a house in Gaya town and some land.

(3.) The appellant had given explanations in respect of these sums of money. With regard to the sum of Rs. 36,083-12-0 found in his house, the appellant gave the following explanation. He said that Rs. 754-12-0 was the personal cash of his wife which was kept in his wife's box. Rs. 239/- was meant for daily expenses and was in his own box, and Rs. 35,090/- were in two tin boxes which Amount had been given to him by his father. This totalled Rs. 36,083-12-0. With regard to Rs. 17,115-6-0, which was in deposit in the State Bank at Gaya, he explained that it was in 1938 that he had deposited Rs. 12,000/- an amount given by his father to him, and he continued to make further deposits till 1948. With regard to Rs. 16,921.1-0, he said that his father had sold ornaments belonging to two wives of his who are dead and had given the money to him, the sale of the ornaments having fetched a sum of Rs. 5,000, and his father had given him a further sum of Rs. 10,000/-.