UNION OF INDIA Vs. SHAMBHU SHARAN

JUDGEMENT

(1.) This appeal is directed against the order of acquittal, dated 21st December, 2000, passed by Sri Prabodh Ranjan Dash, Special Judge, Central Bureau of Investigation, South Bihar, Patna, in Special Case No. 19 of 1980 arising out of R.C. No. 12 of 1980

(2.) The prosecution case, as alleged in the written report that while the respondent was working as Assistant Booking Clerm at Patna Junction Railway Station during 1972 to 1979 misused his official position and acquired a mass wealth disproportionate to his known source of income. On the same allegation the first information report was lodged bearing R.C. No. 12 of 1980, dated 27.08.1980 under Sections 5(2) and 5(1)(e) of the Prevention of Corruption Act (hereinafter referred to as, ,,the Act). After investigation the charge sheet was submitted under Section 5(2) read with 5(1)(e) of the Prevention of Corruption Act and after cognizance charge was framed under Section 5(1)(e) and (2) of the Act. During the trial twenty witnesses have been examined on behalf of the prosecution, various documentary evidences have also been proved which have been marked as Exhibits 1 to 9. The defence has also adduced one documentary evidence and three witnesses have been examined on behalf of the defence.

(3.) However, after considering oral and documentary evidence the trial Court hold that the accused accumulated more wealth disproportionate to his known source of income and so prosecution has proved the charge beyond reasonable doubt that accused accumulated huge wealth more than his known source of income. However, the learned trial Court, further, held that sanction to prosecute the respondent under the Act is bad in law and so cognizance taken against the accused under the Act is also bad in law and the accused can not be convicted for lack of proper sanction and thereby acquitted the accused.