GOPAL KRISHNA SHARMA, J. - (1.) DR . Gurdas Mal Saluja has preferred this appeal against the judgment dated 23rd September, 1983, passed by the Special Judge, C.B.I, Rajasthan, Jaipur, whereby he has been found guilty of offence Under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for short, 'the Act' here in after) and sentenced to one year's rigorous imprisonment and a fine of Rs. 30,000/ - and in default of payment of fine to further undergo one year's simple imprisonment.
(2.) THE brief facts giving rise to this appeal are that Dr. Gurdas Mal Saluja appellant was appointed by the Western Railway on 16th May, 1261, on the post of Assistant Surgeon. He was, thereafter, promoted as Assistant Medical Officer, on 1st January, 1966. On a complaint of one Mishrilal, a railway employee alleging that the accused -appellant was demanding some illegal gratification, a trap was laid, and the appellant was trapped red -handed while accepting a bribe of Rs. 10/ - from him (complainant), on 30th April, 1973. An FIR No. 10 dated 30th April, 1973, which is Ex. P. 159 was registered Under Section 161, IPC. On that date, the appellant was found in possession of assets worth Rs. 78,639. The Railway Board was approached for according sanction to prosecute the appellant in respect of the FIR aforesaid. The Railway Board did not accord sanction. As such, the CBI did not file any charge -sheet in respect of FIR No. 10, Ex. P. 159. On 30th April, 1973, the CBI searched the house of Dr. Saluja, who was found to be in possession of property of total value of Rs. 1,22,544.40. Then, another FIR No. 30 dated 31st October, 1973, under Section 5(1)(e) read with Section 5(2) of the Act, which is Ex. P. 160, was registered. The CBI then investigated the matter and found that the total income of the appellant and his wife who was appointed as an LIC Agent, in Dec, 1962, came to Rs. 1,96,847.22. They also investigated about the expenditure of the appellant during the relevant check period starting from 16th May 1961 to 30th April, 1973. During investigation, they found that the total expenditure of the appellant during the check period was Rs. 1,27,329.04. When the search of the house of the appellant was made on 30th April, 1973, according to the prosecution, the appellant has found in possession of property of total value worth Rs. 1,22,344.40. Thus, according to the prosecution, the appellant was in possession of unexplained income, disproportionate to the known sources of his income to the tune of Rs. 53,026.25. Hence, after completing investigation, the CBI submitted a challan against the appellant in FIR No. 30 dated 31st October, 1973 Ex. P. 260, registered under Section 5(1)(e) read with Section 5(2) of the Act.
(3.) ON 1st Nov., 1976, the Special Judge, CBI, Rajasthan, Jaipur framed charge against the appellant under sub -section 161, IPC; and 5(1)(d) read with Section 5(1)(e) and Section 5(2) of the Act. Against that order of framing charge, the appellant filed an application Under Section 482, Cr. PC before this Court, and this Court vide its order dated 8th December, 1978, passed the order that sanction for prosecution, was accorded only under Section 5(1)(e) read with Section 5(2) of the Act, and as such, the appellant could not be tried for offences under Section 161, IPC and under Section 5(1)(d) read with Section 5(2) of the Act. The appellant was, thereafter, tried by the Special Judge, CBI, Rajasthan, Jaipur for offence under Section 5(1)(e) read with Section 5(2) of the Act.;