Decided on February 28,2018

Sanghamitra Bharali Appellant
STATE OF ASSAM Respondents


HITESH KUMAR SARMA - (1.) This is an appeal against the judgment and order, dated 21.11.2012, passed by the learned Special Judge, Assam in Special Case No. 1/2012 convicting and sentencing the accused-appellant to rigorous imprisonment for 4 (four) years with a fine of Rs. 10,00,000/- and in default of payment of fine to rigorous imprisonment for another 1 (one) year for commission of offence under Sections 13(1) (e)/13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act').
(2.) I have heard Mr. SS Dey, learned senior counsel assisted by Mr. M Nath, appearing for the appellant as well as Mr. BJ Dutta, learned Additional Public Prosecutor appearing for the State respondent.
(3.) The fact of the case is that, PW7 Sri Debajit Hazarika, Additional Superintendent of Police, Vigilance and Anti Corruption, Assam lodged an FIR with the officer-in-charge, ACB Police Station, Assam, Guwahati as follows:- "In course of enquiring of the allegations against Smt. Sanghamitra Bharali (Das) now serving as Asstt. Language Officer, Assam Legislative Assembly Secretariat, Guwahati, it is transpired that said Sanghamitra Bharali during her tenure of service since 1991 till date acquired huge disproportionate assets and properties worth of several lacs of rupees. She has acquired one HIG Flat at Housefed Complex, Rukminigaon, G.S. Road, Guwahati, Maruti Zen Car, Mobile Phones and Bank balances of more that Rs. 11 lacs. Besides these properties she acquired one Flat at Godavari Complex, Mumbai and businesses establishment at Mumbai where she invested crores of rupees. In this regard, I request you kindly to register a case under Section 13(2) of the PC Act for violation of provisions of Section 13(e) of the PC Act, 1988 against Smt. Sanghamitra Barali (Das), W/o Dr. Monideep Das, Asstt. Language Officer, Assam Lagislative Assembly Secretariat, Guwahati." On receipt of the FIR, the ACB Police Station registered a case being No. 8/2001 under Sections 13(2) of the PC Act.;

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