G VENKATESAN Vs. STATE

JUDGEMENT

(1.) THE learned Special Judge No.II/ XII Additional Judge, Chennai in Special C.C.No.3 of 1998 convicted the first appellant for an offence under Sec.13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. for three years and also to pay a fine of Rs. 1 lakh, in default to undergo S.I. for three months and convicted A2 to A5 for an offence under Sec.109, I.P.C. and Sec.13(1)(e) read with Sec.13(2) of the Prevention of Corruption Act, 1988 and sentenced them to undergo R.I. for one year and also to pay a fine of Rs.10,000 each in default to undergo S.I. for one month. THE sixth accused was acquitted. As against the order of conviction passed by the learned Special Judge, these appeals have been preferred by the accused 1 to 5. Since all these appeals have been preferred as against a single judgment, the following common order is passed.

(2.) THE charge against the first appellant is that while he was discharging his duties as Minister of Education, Government of Tamil Nadu during the period from 18.5 1993 to 9.5.1996, he abused his position as a public servant and acquired and possessed pecuniary resources and properties in his name and in the names of A-2 to A-5 disproportionate to his known sources of income to the extent of Rs.77,49,337.77. THE charge against A-2 to A-5 is that during the above said period, they abetted A-1 in the commission of the offence of criminal misconduct to acquire a substantial portion of the pecuniary resources and properties in their names and by holding such properties and pecuniary resources on behalf of the first accused.

(3.) EX.P-19 is the statement of account relating to the savings bank account of A-1 in the Indian Overseas Bank, Secretariat Branch,Chennai. EXs.P-22 and P-24 are the statements of accounts standing in the name of A-4 in his savings bank a/c. in Karur Vysya Bank, Trichy. EXs.P-33 and P-34 are the statements of accounts relating to the savings bank account of A-3 in the same bank. EX.P-37 is the ledger extract of the savings bank account standing in the name of minor Priya. EX.P-38 is the ledger extract of the savings bank account standing in the name of A-2. EX.P-42 is the ledger extract of the savings bank account standing in the name of A-5 in the same bank.