MADHYA PRADESH HIGH COURT
, J
Jharia N.P. v. State of M.P
| Table of Content |
|---|
| 1. conviction and potential sentence review. (Para 1 , 5 , 6) |
| 2. legal implications of possessing disproportionate assets. (Para 7 , 8 , 9) |
| 3. assessment of assets and income discrepancies. (Para 10 , 11 , 12 , 15) |
| 4. evaluation of income sources. (Para 13 , 14 , 17) |
| 5. re-investigation and validity of prosecution sanction. (Para 18 , 19 , 20 , 21) |
1. Appellant N. P. Jharia has been convicted under S.5(1)(e) read with S.5(2) of the Prevention of Corruption Act , 1947 (hereinafter to be referred to as the Act) and sentenced to rigorous imprisonment for three years and to a fine of Rs. 75,000/-.
2. It is not in dispute that the appellant was appointed as Sales Tax Officer on 16-9-1975 and he was occupying that post during the check period of 16-9-1975 to 31-12-1983. He was married to Pushpa Jharia (DW1) in the year 1969 and he has three children.
3. The prosecution case is that during the period 16-9-1975 to 31-12-1983 the appellant was in possession of pecuniary resources and property worth Rs.10,19,210/- as disproportionate to his known sources of income. A detailed discussion will be made later in this judgment. After investigation the Special Police Establishment had su
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