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G. JAYACHANDRAN
R. Varadharajan – Appellant
Versus
State – Respondent
JUDGMENT :
Prayer : Criminal Revision Case has been filed under Section 374(2) of Cr.P.C., to set aside the judgment and sentence passed by the Special Judge and Chief Judicial Magistrate, Thiruvallur in Special Case No.6/2007, dated 12.10.2015.
This Criminal Appeal is preferred by Varadharajan, a public servant, his wife Mrs.Vasantha, and his son Mr.Sivaramakrishnan. The first appellant while serving as Stores Custodian in the Tamil Nadu Electricity Board was charged for the offence under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. The second and third appellants, who are his wife and son, were charged for abetting him an offence punishable under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 r/w 109 of the Indian Penal Code.
2. The sum and substance of the charge was that the first appellant Varadharajan, who was a public servant while working as Stores Custodian Grade-I in the Tamil Nadu Electricity Board during the check period between 01.01.1995 and 31.12.2000, had acquired wealth worth of Rs.12,40,533/- in excess to his known s
The trial court erred in acquitting the respondents, as evidence depicted assets acquired disproportionately to known income sources under the Prevention of Corruption Act.
The court affirmed that public servants must satisfactorily account for assets; the burden shifts to the accused once disproportionate assets are established by the prosecution.
In a prosecution for the possession of disproportionate assets, once the prosecution proves the public servant's known sources of income and the value of assets found in their possession, the burden ....
A public servant and abettors can be tried together for possession of disproportionate assets without a satisfactory account of their sources, under the Prevention of Corruption Act, 1988.
The main legal point established in the judgment is the requirement for valid sanction under the Prevention of Corruption Act, as well as the importance of accurate valuation of assets and properties....
The court reaffirmed the significance of lawful procedures in asset seizure under the Prevention of Corruption Act, emphasizing the requirement for evidentiary clarity regarding asset ownership.
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