RATHORE, J. - (1.) ON 30. 5. 2008, the matter was listed on the stay application filed on behalf of the accused-appellant for staying the conviction/judgment dated 29. 11. 2007 passed by the Special Judge, CBI Cases, Jaipur in Special Criminal Case No. 12/1997, by which the accused-appellant has been convicted under Section 13 (1) (E) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 15,000/-, in default of payment of fine, to further undergo rigorous imprisonment for six months. An amount of Rs. 2,37,545/- was also ordered to be confiscated.
(2.) ON 20. 5. 2008, both the parties were agreed that the matter may be heard finally at this stage and on that date, learned counsel Mr. Tyagi, appearing for the respondent CBI prayed for some time to prepare and argue the case. Today the matter is listed for final arguments. Learned counsel for the accused-appellant wishes to withdraw the stay application for staying the conviction/judgment dated 29. 11. 2007 passed by the Special Judge, CBI Cases, Jaipur. Accordingly, the criminal misc. stay application stands rejected as withdrawn. The present criminal appeal is directed against the judgment dated 29. 11. 2007 passed by the Special Judge, CBI Cases, Jaipur, by which the accused-appellant has been convicted under Section 13 (1) (E) read with Section 13 (2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 15,000/- in default of payment of fine, to further undergo rigorous imprisonment for six months. The Special Judge also ordered to confiscate the amount of Rs. 2,37,545/ -. Brief facts of the case are that on the basis of the source information, a case was registered vide Ex. P/285 and the same is reproduced hereunder:-      " It has been learnt from reliable source that Shri A. K. Thakur is a habitual corrupt public servant of the office of Income Tax, Jaipur. He joined Income Tax Department as LDC during 1969, was promoted as UDC during 1975 and promoted as Head Clerk during 1994. Shri Thakur while functioning as Public Servant in the said capacities had been abusing his official position and by corrupt and illegal means amassed huge assets which are disproportionate to his known sources of income and for such he has not satisfactory explanation. During the entire period of his service, his legitimate income has been only from the salary from his department. He has one son and one daughter, both are getting education in expensive schools at Jaipur. Shri Thakur has been leading luxurious life. His income, expenditure and assets have been computed as under:- I. Income (Rs.) (By way of salary from 1969 to 31. 7. 95) 4,60,000/- II. Expenditure (a) Household expenditure 50% of the income (taken on lower side) 2,30,000/- (b) Expenditure over education of children 40,000/- 2,70,000/- III. Assets (a) House at F/237, Priyadarshani Marg, Shyam Nagar Extension, Jaipur. 8,00,000/- (b) Colour T. V. 10,000/- (c) Scooter 15,000/- (d) Car 1,25,000/- (e) Refrigerator 6,000/- (f) Furniture 25,000/- (g) Jewellery 60,000/- (h) Misc. Household articles 1,00,000/- (i) Bank deposits/lic Policy/fdr 1,00,000/- 12,41,000/- Shri Thakur during the entire service period has amassed total assets of Rs. 12,41,000/- either in his own name or in the name of his family members are against his likely savings of Rs. 1,90,000/- (i. e. income Rs. 4,60,000/-, expenditure Rs. 2,70,000/- ). Thus, he has assets disproportionate to his known sources of income to the tune of Rs. 10,51,000/-, for which he has no satisfaction explanation. The aforesaid facts disclose commission of offence perpetrated by Shri A. K. Thakur, which are punishable u/s. 5 (2) r/w 5 (1) (e) of PC Act, 1947/ Sec. 13 (2) r/w 13 (1) (e) of PC Act, 1988. Hence, a regular case is registered and entrusted to Shri R. D. Kalia, Dy. SP, CBI, Jaipur for thorough probe. "
(3.) RAID was conducted by Shri R. D. Kalia, the then Deputy Superintendent of Police, Central Bureau of Investigation, Jaipur and search of the complete house was made and Seizer Memo Ex. P. 1 was prepared. Thereafter investigation was conducted and after obtaining sanction from sanctioning authority, the charge-sheet was submitted in the Court of Special Judge, CBI Cases, Jaipur, whereby the CBI came to the conclusion that Rs. 10,51,000/- were disproportionate to his known sources of incomes. The copies of the statements and documents were supplied to the accused-appellant and upon hearing the rival submissions of both the parties, the Court below framed charges in which the disproportionate property was observed as Rs. 7,63,783/ -. On behalf of the prosecution, as many as 56 witnesses were examined and 332 documents were exhibited. Thereafter the statement of the accused-appellant was recorded under Section 313 Cr. P. C. In defence 4 witnesses were examined and exhibited 8 documents. The Special Judge, CBI Cases, Jaipur City, Jaipur after hearing the submissions of respective parties, vide its impugned judgment dated 29. 11. 2007, convicted and sentenced the accused appellant as indicated herein above. ;