- (1.)APPELLANT has challenged the judgment and order of conviction and sentence dated 30th of May, 2006 passed by the court of Special Judge, Anti -Corruption, Srinagar, whereby and whereunder appellant came to be convicted and sentenced for the commission of offence punishable under Section 5(1)(e) read with Section 5(2) of Prevention of Corruption Act, 2006 on the grounds taken in the memo of appeal. Brief Facts: Vigilance Organization Kashmir had received the source information that Ghulam Ali Dar (appellant/accused) has indulged in corrupt practice during his posting as Executive Engineer, Power Development Department (PDD) and has raised huge assets beyond his known sources of income. On this the Vigilance Organization conducted secret enquiry and lodged FIR, conducted investigation and found accused involved in the commission of offence punishable under Sections 5(1)(e) and 5(2) of Prevention of Corruption Act, 2006 and presented the final report/ against him before the court of Special Judge, Anti -Corruption, Kashmir.
(2.)IT appears that during investigation check period was taken from the year 1988 to 1997 and it is alleged that the accused has raised assets during the said period.
(3.)THE charge was framed against the accused vide order dated 26th of September, 2001. Accused pleaded not guilty and claimed to be tried.
Prosecution examined all the witnesses cited in the calendar except PW Nos. 17, 41, 42, 43, 59, 60, 61, 66 and 73. The prosecution evidence came to be closed and statement of accused came to be recorded in terms of Section 342 of Criminal Procedure Code, for short Code, vide order dated 13th of May, 2005. Accused has chosen not to lead any evidence in defence and accordingly file was posted for final arguments on 25th of May, 2005. The trial court heard arguments on 30.05.2005, 13.06.2005 and file was posted for further arguments on 16th of June, 2005.