- (1.)The accused/appellant has directed this appeal against the judgment dated 17-9-97 rendered by I ADJ and Special Judge, Indore in Special Case No. 01/94, thereby convicting the appellant for the offence punishable under S. 5(1)(e)/S. 5(2) of the Prevention of Corruption Act, 1947 (for short, 'the Act') and awarding the sentence of one year RI and Rs. 60000/- fine, in default of payment of fine, further imprisonment of three months.
(2.)Briefly stated, the case of the prosecution is that the appellant Subhash Kharate was appointed as Forest Ranger in the year, 1960 in the Forest Department of the State Government. After undergoing a training he was appointed on the regular post of Forest Ranger in the year, 1962. Thereafter, he continued in service and was promoted as Sub-Divisional Officer (Forest) and posted at various places in the Forest Department. During his posting at Dhar on 14-9-87, Collector, Dhar wrote a letter Exh. P/62 to the Superintendent of Police (Special Police Establishment) Lokayukta Sanghatan, Indore, stating therein that the accused/appellant has acquired some immoveable properties within the district, which in his opinion, are in excess of his known sources of income. On the report of the Collector, Special Police Lokayukta Sanghatan, Indore investigated the matter and found that agricultural lands purchased by the appellant in Dhar district are not falling under the definition of disproporationate properties as defined in the Act, but during the investigation, it was found that the appellant on 17-8-73 purchased a plot situated in Manoramaganj. Indore and, thereafter constructed a house thereon worth Rs. 1,50,000/-. According to the prosecution, this plot was purchased benami by the appellant in the name of his wife of Smt. Sarla Kharate and the appellant has not given any explanation for the sources of funds invested in the construction of the aforesaid house at Manoramaganj, Indore. The Police Establishment, Lokayukta Sanghatan, Indore, on the aforesaid investigation registered Dehati Nalishi, Exh. P/59 against the appellant and on completion of investigations an offence under Sections 5(1)(e)/S. 5(2) and Section 13(1)(e)/S. 13(2) of the Act was registered. The accused/appellant was taken into custody and challan was filed against the appellant in the Court of Special Judge, Indore.
(3.)On the basis of the evidence collected by the prosecution, learned Special Judge, on consideration framed charges against the appellant under Section 5(1)/S. 5(2) of the Act and in the alternative a charge under Sections 13(1)(e)/Section 13(2) of the Act was also framed. The accused/appellant denied the charges and prayed for trial.