O T BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By the judgment and sentence under appeal, the Special Judge, P.C. Act, Sikkim at Gangtok has convicted the Appellant under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo simple imprisonment for a term of three years with a fine of Rs. 10,000/- and in default of payment of fine, to undergo further simple imprisonment for a period of six months.

(2.) The facts of this case briefly are as follows:

(3.) The Hon'ble Supreme Court in the case of State of Maharashtra v. Wasudeo Ramchandra Kaidalwar, 1981 AIR(SC) 1186 , has stated that the ingredients of the offence of criminal misconduct under Section 5(2) read with Section 5(1)(e) of the Act are the possession of pecuniary resources or property disproportionate to the known sources of income for which the public Servant cannot satisfactorily account. It held that to substantiate the charge, the prosecution must prove the following facts before it can bring a case under Section 5(1)(e), namely: