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| Court acquits SDE BSNL from charges of disproportionate assets | | | Early Times Report
Jammu, Sept 03—Acquitting Manohar Lal Sub Divisional Engineer BSNL from charges of possessing disproportionate assets, Additional Sessions Judge Anticorruption Jammu Sanjeev Gupta held that the CBI has failed to prove all the ingredients required substantiating the charges against the accused. The Court has observed that the accused has succeeded in showing that assets found in his possession were not disproportionate to his known source of income during the check period.
After hearing senior Advocate Sunil Sethi appearing for the accused and senior Public Prosecutor for the CBI and also going through all the record and the statement of witnesses, the Court observed that the wife of accused who is a working lady has running business and earn monthly income of Rs 7000 from her three business concerns. The total income from all sources of the accused during the check period aggregates to Rs.10, 95,369. Court said that it is true that the CBI in the present case tried to its best to lead the evidence to show that house at Khellani Doda and fixed deposits in the shape of KVPS and IVPS belonged to accused but when the wife has fully owned the entire money and other wealth earned by her and has accepted the responsibilities on the basis of her own evidence which was not impeached in the cross examination. In that case it is very difficult to hold the accused guilty of the charge. It is also very difficult to segregate that how much of wealth belonged to husband and how much belonged to wife and this is more difficult in case of joint possession when one of the persons accepted the entire responsibility. The burden is on the accused to offer plausible explanation and in the present case he has satisfactorily explained the separate sources of income for legitimacy of assets acquired by him and by his wife. Court is of the opinion that the accused has satisfactorily accounted for the recovery of the unaccounted money as alleged in the challan and hence dismisses the case.
The CBI on source information had registered a case against the accused in 2002 and during search operations recovered documents revealing that the accused was in possession of assets disproportionate to his known source of income. During the check period from January 1, 1985 to November 23, 2002 accused had received total income of Rs 13, 30, 539 from known source whereas the expenditure incurred by the accused and his family during the said period was Rs 9, 27, 430. The investigation revealed that accused and his family members acquired assets to the tune of Rs 17, 60, 244 and thus it was found that quantum of disproportionate assets in possession of the accused were to the tune of Rs. 13, 07, 141 regarding which he could not furnish any plausible explanation. After completion of the investigation challan was presented in the Court. JNF
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