TSHERING UDEN BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 28-06-2014 of the Special Judge, Prevention of Corruption Act, 1988 (for short the "Act of 1988"), East and North Sikkim at Gangtok, in S.T. (Vig.) Case No.01 of 2013, by which the Appellant has been convicted for offence under Section 13(1)(e) read with Section 13(2) of the Act of 1988 and sentenced to undergo simple imprisonment of 1 (one) year and to pay a fine of Rs. 20,000/- (Rupees twenty thousand) only and in default of payment of the fine, to undergo further simple imprisonment of 6 (six) months.

(2.) Shorn of all details, it is sufficient for the purpose of this Appeal to note that the Appellant is a UDCcum-Store Keeper in the Rural Management and Development Department, Government of Sikkim, Jorethang, South Sikkim, who was booked under Section 13(1)(e) read with Section 13(2) of the Act of 1988, by the Sikkim Vigilance Police on a suo motu FIR registered Smt. Tshering Uden Bhutia vs. State of Sikkim by it. The investigation ultimately resulted in a chargesheet being filed against her in the Court of the Special Judge, Prevention of Corruption Act, 1988, East and North Sikkim at Gangtok, and after the trial she was found guilty of the offence as already noted above.

(3.) Although in the Appeal several grounds have been raised to assail the impugned judgment, Mr. A. Moulik, Learned Senior Counsel, appearing on behalf of the Appellant, submits that as her alleged disproportionate assets has been found to be Rs. 63,008.28 (Rupees sixty three thousand eight and paisa twenty eight) only which is just about 2.54% of her known sources of income of Rs. 24,75,940.89 (Rupees twenty four lakhs seventy five thousand nine hundred forty and paisa eighty nine) and, therefore, obviously less than 10%, she is entitled to be acquitted of the charges following the decision in Krishnanand Agnihotri vs. The State of Madhya Pradesh, 1977 1 SCC 816.