Sandeep Mehta, J. - (1.) The appellant has been convicted for the offence under Section 13 (1) (e) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and sentenced for a term of one year's simple imprisonment along with a fine of Rs.1,000 and in default of payment of fine to further undergo one month's simple imprisonment; vide impugned judgment dated 19.12.1996 passed by the learned Special Judge, Anti-Corruption Cases, Bhilwara in case No.50/1991.
(2.) Being aggrieved of the conviction and sentences awarded to him, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.
(3.) Brief facts relevant and essential for disposal of the appeal are noted herein below:- The appellant herein was apprehended on 12.10.1988 while accepting illegal gratification to the tune of Rs.50/- from the complainant Shyam Sunder, whereupon a Case No.97/88 was registered by the Anti-Corruption Bureau. In furtherance of this trap of the appellant, a search of his rented house at Sindhunagar, Bhilwara was undertaken on 12.10.1988 while complying with the provisions of Section 165 Cr.P.C. During the course of this search, certain documents pertaining to the assets acquired by the appellant were recovered. The appellant had started working in the Rajasthan Financial Corporation on a stiffened basis in the year 1980. In June 1982, he was appointed as a Junior Assistant. The appellant was having no official source of income except that of his salary. The culmination of the search proceedings resulted into a finding that the appellant had amassed property/assets to the tune of Rs.86,563/-. Taking the check period to be between October, 1980 to October, 1988, the Investigating Officer reached to a conclusion that the accused had net savings of Rs.28,700/- and thus, he had acquired assets worth of Rs.57,863/-, which were disproportionate to his known source of income. With these findings, an FIR No.102/1989 (Ex.P/4) was registered against the appellant and after conclusion of investigation thereof, a charge sheet came to be filed against him in the Court of Anti-Corruption Bureau, Bhilwara for the offences under Section 13 (1) (e) read with Section 13 (2) of the Prevention of Corruption Act, 1988. The trial court framed charge against the accused for the said offences. The accused pleaded not guilty and claimed trial.;