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TMI Blog2008 (10) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... cord as appellants in this appeal. 3. The factual matrix leading to the conviction of the accused N. Ramakrishnaiah was as follows: The accused joined government service as a Supervisor on 02.11.1955 in the Andhra Pradesh Panchayat Raj Department. He was promoted as a Deputy Executive Engineer on 02.01.1967 and further promoted as an Executive Engineer on 01.03.1979. He continued to work as an Executive Engineer, Kamareddy of Karimnagar District till he was kept under suspension on 26.05.1986. On reliable information that he had acquired assets disproportionate to his known sources of income, a case was registered on 12.05.1986 and the investigation was taken up. During the course of investigation, search was conducted. The documents fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs. 14,36,538.00 which were disproportionate to your known sources of income and for which you could not satisfactorily account and you thereby committed an offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988 .(Sec. 5(1) (e) of the Old Act) punishable under Section 13(2) of the said Act (Section 5(2) of the Old Act) and within my cognizance. He denied the above charge and claimed for trial. The prosecution in order to prove the guilt of the accused examined P.Ws. 1 to 52, and marked Exs. P.1 to P.195. No oral evidence was adduced on defence side. But, Ex.D-1 relating to the agricultural income for some period was marked. The learned Special Judge after considering the oral and documentary evidence, found the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sits made, in a sense that it is not an investment. That was accrued income. If it is excluded, the income earned would be reduced to that extent. Thus, it would not be a factor in favour of the accused. 8. Similar is the position in respect of deposits in Pratibha Finance Corporation and Sapthagin Finance Corporation. 9. So far as movables covered by item No. 26 are concerned, the trial Court and the High Court relied upon the evidence of PW 36 and PW 52 and Ext P-112 (list of movables). 10. The movables covered are those which were listed in the inventory made at the time of search room wise. The details contained are the year of acquisition, the value of each article and other particulars given by the accused himself. The details were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Faslis. It was recovered from the house of the accused. But interestingly no material was adduced to show who was the author of the document and as to on what basis the entries were made. There was not even a signature of the person who had prepared it. The High Court did not attach any importance to it. 13. We notice that the figure indicated in Ext.D1 is Rs. 1,34,160/- for the period from 1961 to 1976. The trial Court has in fact gone to the extent of adopting the figures of these 15 years for the next 10 years. The entries in Exts. P92 to 95 have not been established to be erroneous and therefore the trial Court and the High Court have rightly refused to accept accused's stand of under-estimation. 14. Section 13 of Prevention of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an accused person. Those will be matters "specially within the knowledge" of the accused, within the meaning of Section 106, of the Indian Evidence Act, 1872 (in short, the 'Evidence Act'). 15. The emphasis of the phrase "known sources of income" in Section 13(1)(e) (old Section 5(1) (e)) is clearly on the word "income." It would be primary to observe that qua the public servant, the income would be what is attached to his office or post, commonly known as remuneration or salary. The term "income" by itself, is classic and has a wide connotation. Whatever comes in or is received is income. But, however, wide the import and connotation of the term "income", it is incapable of being ..... X X X X Extracts X X X X X X X X Extracts X X X X
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