JUDGMENT :

K.B. Panda, J. - The Appellant stands convicted u/s 5(1)(c) read with Section 5(2) of the Prevention of 'Corruption Act, 1947 (II of 1947), hereinafter referred to as the Act, and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 15,000/- or, in default to undergo R.I. for a further period of one year by the Special Judge (Vigilance), Orissa, Bhubaneswar, on 11-1-1971.

2. The charge against the Appellant was that he was in possession of assets disproportionate to his known sources of income to the tune of Rs. 1,93,447.66 which he could not account for. But the learned Special Judge on the assessment of evidence came to the finding that such assets in the possession of the Appellant were of Rs. 53,000/- only. However, even this he considered to be highly disproportionate to the known sources of income of the Appellant and hence convicted him.

3. The Appellant joined service under the Government of Orissa as an Assistant Agricultural Engineer on 15-12-1943 with a starting salary of Rs. 190/- per month. From 9-1-1947 to 30-6-1949 he was abroad in U.S.A. on study leave. For this at first he had been granted a Study Loan of Rs. 28,196/-. This wa