The Special Court acquitted the respondent for possessing disproportionate assets. The High Court dismissed the appeal, holding the trial court correctly concluded that the prosecution failed to establish the case of disproportionate assets due to lack of expert valuation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 2074 of 1999
Special Police Establishment, LOK AYUKT KARYALAY, Madhya Pradesh, Bhopal, through Special Police Establishment Lok Ayukt (Raipur)
---- Appellant
Versus
V.J. Warghese S/o. V.C. John, Aged 59 years, Resident of Model Town Bhilai, the then Assistant Engineer, S.A.D.A., Bhilai (M.P.) (now Chhattisarh)
---- Respondent
For Appellant : Mr. Prasoon Bhaduri, Govt. Advocate For Respondent : Mr. Sudeep Agrawal, Advocate
Hon'ble Shri Justice Ram Prasanna Sharma
Judgement on Board
11.04.2018
1 . Challenge in this appeal is to the judgment of conviction and order of sentence dated 26.02.1999 passed by the First Additional Sessions Judge Durg, Session Division Durg (C.G.) in Special Case No. 1/1996, wherein the said Court acquitted the respondent for commission of offence under Section 13(1)(E) read with Section 13 (2) of the Prevention of the Corruption Act 1988, for having property in his possession for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.
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2 . In the present case, the respondent was working as Assistant Soil Conservator Officer at Jagdalpur from April 1971 to July 1971. Thereafter, as Draftsman in the office of Joint Director, Agriculture. It is alleged that he received salary of Rs. 2.18 lakhs during check period of 01.11.1977 to 13.11.1992, while the property was found in possession of the respondent was worth more than six lakhs.
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trial Court the exact value of said ornaments. All that was established his execution of two sale deeds valued at Rs. 4100/and amount of Rs. 48,000/- in cash that comes out to Rs. 52,100/- in total.
Sd/-
( Ram Prasanna Sharma ) JUDGE
Santosh
3 issues framed by the court
Whether the prosecution discharged its burden to prove that the respondent was in possession of property disproportionate to his known sources of income.
Whether the lower court was correct in acquitting the appellant for the offence under Section 13(1)(E) read with Section 13(2) of the Prevention of Corruption Act 1988.
Whether the instant appeal challenging the acquittal should be allowed.
1 provisions across 1 enactments
Special Police Establishment, LOK AYUKT KARYALAY, Madhya Pradesh, Bhopal
V.J. Warghese
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
