STATE OF CHHATTISGARH Vs. RAVINDRA MADHAV RAO JAGDALE

JUDGEMENT

(1.) This appeal has been preferred by the appellant/State against the judgment of acquittal dtd. 20/4/2006 passed by learned Special Judge and First Additional Sessions Judge, Raipur (C.G.) in Special Criminal Case No.11/1997 whereby the learned trial Court has acquitted the respondent of the charges under Sec. 13(1)(e) r/w Sec. 13(2) of Prevention of Corruption Act.

(2.) Brief facts of the case are that on 31/3/1973, respondent was posted as Junior Engineer in Irrigation Department and subsequently on 10/10/1979, he was promoted as Assistant Engineer. A complaint of disproportionate assets was filed against the respondent before Special Police Establishment, Lokayukta, Bhopal, by the complainant upon which, offence was registered against the respondent as Ex.P-136 and investigation was started. Check period was counted between 29/3/1992 to 11/2/1993 and it was found that in the aforesaid period, his earning was Rs.7,96,138.00 and his expenditure was Rs.20,33,908.00. Hence, total sum of Rs.12,37,770.00 was counted as disproportionate assets. After completion of investigation, charge-sheet was filed against the respondent and charges were framed as mentioned above.

(3.) So as to hold the accused/respondent guilty, the prosecution has examined as many as 42 witnesses and exhibited 194 documents. Statement of the accused/respondent was also recorded under Sec. 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. Respondent/ accused has also examined 2 witnesses and exhibited 8 documents in his defence.