- (1.) The challenge by way of this appeal, brought by Rajiv Jain, the appellant is to the judgment of his conviction dated 24.09.2005 passed by learned Special Judge, Sonipat vide which he has been held guilty and convicted for an offence punishable under section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, "the Act") and the order on sentence of the same date vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 5000/- for the aforesaid offence with further rigorous imprisonment for a period of six months in default of payment of fine.
(2.) The brief facts required to appreciate the controversy involved in this appeal are as under: A complaint received against the appellant, formerly a Press Secretary to former Chief Minister, Haryana alleging misuse of his position and possessing properties disproportionate to his known sources of income in his name and in the names of his near relatives and friends was enquired into by Inspector, C.M. Flying Squad, Haryana, Panchkula. After enquiry, he found the following four allegations, as noticed by learned Special Judge, Sonepat in para No.2 of the judgment, to be true against the appellant:- "1). He purchased some land near Kundli Barrier from Smt. Suman Virmani and constructed a double storey market having 34 shops on the ground floor and 34 shops on the first floor at the cost of crores of rupees. 2). He purchased built up 10 shops near Piau Maniari in his name and in the name of his friend Dr. Vijay from Swaran Kumar etc. under the garb of purchasing 5 Marlas of land for Rs.40,000/- whereas the price of each shop was not less than Rs. 2.5 to 3.00 lacs. 3). He purchased land measuring 22 Kanals 8 Marlas for a consideration of Rs. 3,36,000/- on 24.12.1998 in the name of his brother Manoj Kumar who was employed as an Accountant in BSF and did not have sufficient funds for the purchase of the land and the actual cost of that land was not less than Rs. 6.5 to 7.00 lacs per acre. 4). He purchased 81 Kanals 5 Marlas of land for a consideration of Rs. 9,80,000/- plus Rs. 1,77,500/- plus Rs. 1,85,500/- in the name of Mahavir Education Trust and that land was also undervalued."
(3.) The enquiry report with the aforesaid conclusions was sent to Police Station, Rai where on the basis of the same, a case by way of FIR No. 119 dated 3.5.2000 was registered under Section 13(1)(e) of the Act. The investigation was taken up by Sh. Hardeep Singh Doon, the then Deputy Superintendent of Police, Headquarters, Sonipat and it was later on handed over to Shri Swaran Singh, the then DSP, Crime Branch, Madhuban, Haryana. During investigation, it was found that Rajiv Jain remained posted as press secretary of the then Chief Minister, Haryana from May 1996 to July, 1999 and during this period, he received a total salary of Rs. 5,53,955/- as emoluments. He was found to have acquired the following moveable and immovable assets in his own name, in the name of his wife, Kavita Jain and brother Manoj Jain, as are noticed by learned Special Judge, Sonepat in para No. 4 of his judgment: "(1). He purchased a plot measuring 340 sq. yards at a cost of Rs. 3,57,691/- (which includes the sale price, stamp charges and registration fees) situated near Sales Tax Barrier, Kundli, through registered sale deed No. 4182 dated 29.9.1998. (2). The adjoining plots measuring 330 sq. yards and 343 sq. yards were purchased for Rs. 3,56,123/- and Rs. 3,53,675/- on 16.9.1998 and 8.10.1998 respectively by his friend Dr. Vijay, Ramesh Kuchhal and Ramesh Aggarwal. They demolished the old construction existing on these plots and constructed a double storey building having 70 shops on the ground and first floors and the cost of these shops was assessed Rs. 22,81,800/- in which the share of Rajiv Jain accused was 1/3 rd which comes to Rs. 7,60,600/-. (3). 1/2 share of plot measuring 80.66 sq. yards situated near Piau Maniari, Sonipat along the G.T. Road on 30.3.1999 at a cost of Rs. 13,657/-. (4). 1/2 share of plot of land measuring 53.77 sq. yards situated at the same place on 30.9.1999 at a cost of Rs. 8910/-. (5). The accused alongwith his friend Rakesh Kuchhal constructed five shops on the aforesaid plots situated near Piau Maniari. The cost of those plots was assessed at Rs.2,27,900/-. Since the share of the accused was 1/2 in those shops, the cost of his share of plots comes to Rs. 1,13,950/-. (6). The accused purchased a 315 bore rifle on 15.11.1996 for a price of Rs. 25,000/-. (7). The accused purchased a Maruti Car No. HR-31B-0001 in 1997 for Rs. 1,94,877/-. (8). The accused purchased land measuring 22 kanals 8 marlas situated in village Tikola through registered sale deed dated 24.12.98 at the cost of Rs. 3,78,501/- in the name of his brother Manoj Jain. (9). The accused purchased a house situated in Indira Colony, Sonipat through registered sale deed dated 19.5.97 at the cost of Rs. 1,74,906/- in the name of his wife Smt. Kavita Jain. (10). Kavita Jain invested Rs. 50,000/- in 1998 in Unit Trust of India for purchase of certificates in the name of her daughter Prachi Jain alias Khawahish. (11). The accused purchased a colour T.V. BPL mark "BPL" in 1997 for Rs. 25,000/-.";