S.SURENDER Vs. STATE

JUDGEMENT

(1.) The appellant was convicted for the offence under Sec. offences under Sec. 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 (for short "the Act of 1988") and sentenced to undergo rigorous imprisonment for a period of three years vide judgment in CC No.13 of 2005 dtd. 31/10/2012 for holding disproportionate assets amounting to Rs.6,48,000.00. Aggrieved by the same, the present appeal is filed.

(2.) The case of the prosecution is that the appellant was working as postman in Musheerabad Post Office during the cheque period from 1/5/1999 to 30/6/1999. According to the investigation, the appellant was in possession of assets to a tune of Rs.7,320.00 as on 1/5/1999. However, by 30/6/1999, A1 was in possession of Rs.6,63,320.00. According to the prosecution, the income of A1 and A2 during the cheque period was Rs.10,996.00. The expenditure was to a tune of Rs.3,298.80 ps. Accordingly, disproportion was arrived at Rs.6,48,302.80 ps.

(3.) Investigation was done only for the period from 1/5/1999 to 30/6/1999, since A1 deposited amounts i.e., Rs.2,04,000.00 on 27/5/1999, Rs.2,04,000.00 on 31/5/1999 and Rs.48,000.00 on 4/6/1999 in Monthly Income Scheme (MIS) account. He also purchased Kisan Vikas Patras (KVPs) in between 3/6/1999 and 4/6/1999 to a tune of Rs.2,00,000.00.