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 source of income for which, his wife and son has aided by lending their name for the investment. The trial Court, on appreciating the evidence adduced by the prosecution, held the appellants guilty and sentenced them as below:-

The period of incarceration during trial was ordered to be set off under Section 428 of Cr.P.C.

3. The case of the prosecution as spoken by its witnesses reveal that, A1-Varadharajan entered into the Government Service on 01.01.1976 in Tamil Nadu Electricity Board as a temporary Super Numery Helper and later, gradually promoted as Stores Custodian Grade-II in General Construction Circle Store at Ambattur from 05.07.1995. Being satisfied in the preliminary enquiry that the accused has accumulated assets over and above the known source of income during the check period between 01.01.1995 and 31.12.2000 a detailed enquiry was conducted. Mr.M.Prabaharan, Inspector of Police, Vigilance and Anti-Corruption, City Special Unit-III, Chennai, submitted his detailed enquiry report leading to registration of the First Information Report in No.11/AC/2004/CC-II by the Vigilance and Anti-Corruption, City Special Unit-III, Chennai-20.

4. As per the detailed enquiry report, during the check period from 01.01.1995 to 31.12.2000, the accused has accumulated wealth in his name and in the name of his wife and also in the name of his son. Both his wife and son had no independent income and they are solely depending on the accused. Except the ancestral property a residential house at Palani Chettipatti Taluk, inherited by the public servant from his father, the other assets are acquired by the accused. As per the detailed enquiry at the beginning of the check period i.e. on 01.01.1995, the accused had assets worth Rs.42,081/-. At the end of the check period i.e on 31.12.2000, the value of the assets acquired by the public servant has been assessed at Rs.11,53,311/-. His total income during the check period was assessed as Rs.5,35,873/- and the expenditure during the said period for him and 3 of his family members was around Rs.4,78,224/-. While his likely savings during the check period roughly was about Rs.57,649/-, the value of the assets acquired by him at the end of the check period was around 196.6% disproportionate to the known source of income.

5. The investiga