The prosecution must specifically allege and prove that the possession of pecuniary resources or property by a person was 'on behalf' of the public servant, in his interest or as his representative, to establish an offence under Section 13(1)(e) of the Prevention of Corruption Act.

K. Hema, J.

1. Can a public servant be convicted for offence under Section 13(1)(e) of the Prevention of Corruption Act ('the P.C. Act' for short), only on proof that his wife or any other person is or has been in possession of pecuniary resources and property during the relevant period? Is a public servant bound to account for such possession under Section 13(1)(e) of the P.C. Act? These are the main questions to be decided in this appeal.

2. The Superintendent of Police (Vigilance) laid a charge sheet against appellant, who is a public servant, before the Court of Enquiry Commissioner and Special Judge ('the Special Judge', for short), alleging offence under Section 13(1)(e) read with Section 13(2) of the P.C. Act. After trial, the trial court convicted appellant under the said Section and sentenced him to undergo rigorous imprisonment for a period of one year and, in addition, to pay Rs. 2 lakhs as fine. In default of payment of fine, he was also directed to undergo rigorous imprisonment for one year. The said conviction and sentence are challenged in this appeal.

3. Prosecution case, briefly: The appellant was a public servant working in the Forest Department during the period from 01.01.1990 to 16.11.2000. It was disclosed in an enquiry conducted by the Vigilance and Anti-Corruption Bureau ('VACB', or 'the Vigilance', for short) that appellant was in possession of assets disproportionate to the known sources of income, worth Rs. 19 lakhs. He acquired estate in the form of land, building and other movables and costly articles, since 1990.

4. The income of appellant and members of his family was about Rs. 15.9 lakhs and he incurred an expenditure at Rs. 9.3 lakhs. The likely savings which can be generated from the income is about Rs. 6.62 lakhs. As against the above savings, appellant and members of his family acquired movables and immovable assets, worth Rs. 25.6 lakhs. Hence, the assets disproportionate to the known sources of appellant's income are worth about Rs. 19 lakhs. The enquiry thus, revealed that appellant committed offence under Section 13(1)(e) of P.C. Act.

5. On 16.11.2000, the Superintendent, VACB (Special Cell) registered F.I.R. A search was conducted in the house of appellant on 17th and 18th November, 2000. Several documents were seized; inventory was prepared. The search list is Ext.P5. Investigation was conducted by PWs79, 80 and 83. The final report was filed by PW83, on the allegation that appellant acquired estate, which is disproportionate to his known sources of income. The appellant and his wife are in alleged possession of pecuniary resources and property, to the extent of Rs. 32,71,780.05/- and 188.93 grams of gold ornaments, but he could not account for such possession and thereby, he committed offence under Section 13(1)(e) read with Section 13(2) of the P.C. Act.

6. PWs 1 to 84 were examined and Exts.P1 to P199 were marked on the side of the prosecution. The accused, while questioned under section 313 of the Code of Criminal Procedure ('the Code', for short), took up several contentions and stated that he is innocent. The trial court held that the prosecution succeeded in proving that accused and PW2, his wife, were in possession of disproportionate assets during the check period. Thereby, he committed offence under Section 13(1)(e) read with 13(2) of P.C. Act.

7. Heard Sri. Sasthamangalam S. Ajithkumar, learned counsel for the appellant and Sri. B. Vinod, learned Public Prosecutor. Perused the records. While considering the rival contentions, I find it necessary to read Section 13 of the P.C. Act first. The provision (excluding the portions which are not relevant for disposal of this appeal) reads as follows:

"13. Criminal misconduct by a public servant.-- (1) A public servant is said to commit the offence of criminal misconduct, --

(a) xxxxx ; or

(b) xxxxx; or

(c) xxxxx; or

(d) xxxxx; or

(ii) xxxxx; or

(iii) xxxxx; or

(e) if he or any person on his behalf, is in possession or has, at any time du