Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram
Special Judge for trial of cases under the PC Act 1988 Rajamahendravaram
ACB Court at Rajamahedravaram · East Godavari · Andhra Pradesh
Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram, Special Judge for trial of cases under the PC Act 1988 Rajamahendravaram, is posted at ACB Court at Rajamahedravaram, East Godavari, Andhra Pradesh, India. 29 court orders on record since 2018. 5 judgments with full text available. Primarily handles CC cases.
Featured Judgments
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IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF SPE & ACB CASES ::
RAJAHMAHENDRAVARAM
Present: Smt. A. GAYATHRI DEVI,
Special Judge for Trial of SPE & ACB Cases,
Rajahmahendravaram.
Friday, this the 6th day of December, 2019
Calendar Case No.153/2018
Between:
State represented by Range Inspector II,
AntiCorruption Bureau, Rajamahendravaram Range, ...Complainant.
Rajamahendravaram.
AND
Sri P.R.K.S.S.B.Ganapathi Rao, S/o.Narayana Murthy, Asst. Motor Vehicle Inspector, … Accused. Narasaraopeta, Guntur District.
This case has come up on 28112019 for final hearing before me in the presence of Sri P.Seshaiah, Learned Special Public Prosecutor for the State Complainant and of Sri B.S.Siva Sastry, Advocate for Accused and the matter having stood over for consideration till this day, this Court doth the following:
J U D G M E N T
The state represented by Range Inspector II, AntiCorruption Bureau,
Rajamahendravaram Range, Rajamahendravaram filed chargesheet in
Cr.No.1/RCARJY/2003 against the accused for the offence U/Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988.
2.The case of prosecution in nutshell as per chargesheet is as follows:
Accused officer was appointed as Service Engineer on 19.09.1990 in Medical and Health Department and worked at Kurnool till April 1994 and he was selected as Assistant Motor Vehicle Inspector in April 1994 and worked at various places like
Integrated Checkpost at Tada, Tenali of Guntur District and Chittoor. Accused officer worked as Assistant Motor Vehicle Inspector, Enforcement wing, 2
Narasaraopet, Guntur District from 06.06.2002 till the date of house searches i.e., 26.01.2003. On credible information that accused officer while working in
Narasaraopet indulged in corrupt practices and acquired huge assets in the names of himself and his family members, case in Cr.No.1/RCARJY/2003 under Sections 13 (2) r/w.13(1) (e) of PC Act 1988 was registered on 17.01.2003 and investigated.
In pursuance of search warrants issued by court, simultaneous searches were conducted at the residential premises of accused officer at Narasaraopet, in his office in Narasaraopet, residential premises of accused officer at Tada Nellore
District, at Amalapuram East Godavari District and residential premises of father of accused officer at Amalapuram and seized several incriminating documents relating to assets, income and expenditure of accused officer. Check period was taken as 19.09.1990 to 26.01.2003 i.e., the date of joining into service till the date of searches. Incriminating material seized during the searches and investigation disclosed that accused officer was found in possession of assets worth
Rs.86,60,312/ in the form of movable and immovable properties in his name and in the names of his family members as on the terminal date of check period. The income of accused officer calculated from his known sources during the check period is Rs.11,12,547/. Expenditure of accused officer during the check period is
Rs.20,74,032/. Accused officer had no likely savings during the check period as he spent excess amount over his income to the tune of Rs.9,61,485/. Thereby accused officer was found in possession of disproportionate assets to the known sources to the tune of Rs.96,21,797/, for which accused officer did not satisfactorily account for. Thus accused officer is liable for punishment under
Sec.13(2) r/w13(1)(e) of P.C.Act, 1988.
3.On filing of chargesheet case was taken cognizance against the accused
U/Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988 and summons was served on accused. On appearance of accused copies were furnished.
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4.Upon hearing the counsel for accused charges U/Sec.13(2) r/w 13(1)(e) of
P.C.Act, 1988 against accused was framed, read over and explained to him for which he pleaded not guilty and claimed to be tried.
5.On behalf of prosecution P.Ws.1 to 33 were examined and Exts.P.1 to P.154,
Exts.X.1 to X.3 were marked. Whereas on behalf of accused officer D.Ws.1 to 4 were examined and Exts.D.1 to D.26 were marked.
6.On closure of evidence on prosecution side accused was examined under
Sec.313 Cr.P.C., he denied the incriminating evidence and filed written statement.
7.Heard the Learned Spl.P.P. for prosecution and learned counsel for accused.
8.Perused the material on record and written arguments on both sides.
9. Now the points for determination are:
1) Whether prosecution has proved that accused is in possession of assets to the tune of Rs.96,21,797/ disproportionate to his known sources of income during the check period from 19091990 to 26012003?
2) Whether prosecution established charge against the accused under Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988 beyond all reasonable doubt?
POINTS 1 and 2:
10. PROSECUTION CASE:
Sans the unnecessary details case of prosecution is initially accused officer was appointed as Service Engineer in Medical and Health department on 19.09.1990 and in April 1994 he was selected as Assistant Motor Vehicle Inspector and worked at various places and while working as AMVI at Narasaraopet, Guntur District on receiving credible information against him that he acquired huge assets in the names of himself and his family members by indulging in corrupt practices, crime was registered and investigated and when the residence of accused officer at 4
Narasaraopet, Tada and his office at Narasaraopet and residence of his father at
Amalapuram, searches were conducted simultaneously several incriminating documents were seized and the said documents and investigation disclosed that accused officer was found in possession of assets worth Rs.86,60,312/ in the form of movable and immovable assets in the names of himself and his family members and income through known sources was Rs.11,12,547/ and expenditure of accused officer during the check period i.e., from 19.09.1990 to 26.01.2003 was
Rs.20,74,032/ and there were no likely savings during the check period and he spent Rs.9,61,485/ over and above his income, thereby he was found in possession of disproportionate assets to the known sources of income to the tune of
Rs.96,21,797/, for which he did not satisfactorily account for and as such he is liable to be punished under Sec.13(2) r/w.13(1)(e) of P.C.Act, 1988.
11. DEFENCE OF ACCUSED:
Accused assailed the case of prosecution mainly on the following grounds:
1)The father of accused officer namely late P.Narayanamurthy got ancestral property and by selling the same he purchased properties in the name of his wife Lakshminarayanamma and mother of accused officer possessed Ac.5.00 cents of coconut garden in Samanasa village.
2)At the time of marriage of accused officer with daughter of Devarapalli Venkata Pathi in the year 1981 fatherinlaw of accused officer gifted good amount of cash and gold as Streedahana to the wife of accused officer.
3)There is abnormal variance in the case of prosecution with regard to assets, income and expenditure of accused officer from the date of FIR to the date of chargesheet.
4)Majority of the assets do not stand in the name of accused officer and vendees under different documents are benami owners on behalf of accused officer according to prosecution though there is no evidence to show that accused officer supplied sale consideration for acquisition of the said items of property and as such the said items of assets cannot be tagged on to accused officer for offering explanation.
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5)The articles found in the house of Sujathamma cannot be added to the assets of accused officer in the absence of any evidence that accused officer purchased the same.
6)Item No.16 of the assets is liable to be deleted as the land covered under this item was jointly purchased in the names of accused officer and his brother prior to the check period.
7)Item No.14 of the assets is liable to be deleted since the gift deed covering this item was executed by mother of accused officer in favour of Sujathamma and accused officer has nothing to do with the same.
8)Items No.10, 12 and 15 of the assets are also liable to be deleted since they stood in the name of Sujathamma and accused did not purchase the said items in her name.
9)Items No.8, 9 and 13 of the assets are liable to be deleted since they stood in the name of mother of accused officer and accused did not purchase the said items in her name
10)Item No.3 and 20 of the assets are liable to be deleted since they stood in the name of father of accused officer and accused officer did not purchase them in his name.
11)At the time of joining in the Transport Department accused officer has informed to the employer about money held by his wife P.Vijayalakshmi and how the amount of Rs.6,00,000/ was utilized by her.
12)As per the definition of the family members given under CCA Rules, wife of accused officer is a family member and her income is liable to be considered and as such Rs.20,07,000/ of income obtained by wife of accused officer towards interest on amount lent by her which was notified by the employer under Ex.D.1 proceedings can be taken as
additional income of accused officer.
Law on the point:
12.Before embarking upon the details of voluminous evidence adduced by both sides, we shall now look into the legal position in this connection.
Sec.13. Criminal misconduct by a Public Servant: (1) A public servant is said to commit the offence of criminal misconduct,
(a)
(b)
(c)
(d) 6
(e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation: For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.
13.Learned counsel for A.O placed reliance upon the following citations in support of the contentions of A.O.
1.In State of Maharastra Vs. Wasudeo Ramachandra Kaidalwal reported in AIR 1981 SC 1186 the lordships erudite as follows.
“Where the public servant who was found in possession of property disproportionate to his income alleged that the said property belonged to his fatherinlaw and led overwhelming evidence and documents to show the affluence and substantial means of his fatherinlaw to create a doubt as to his possession over such property accused would be entitled to acquittal”.
2.In Vasanthrao Guh Vs. State of M.P reported in 2017(3) ALT
Criminal 38 SC wherein U/secs.13(1)(e) and 13(2) of P.C.Act, 1988 the lordships held as follows.
“A person cannot be subjected to criminal prosecution either for a charge which is amorphous and transitory and further on evidence i.e., congenital or hypothetical. In case prosecution fails to prove that public servant either by himself or through anyone else had at any time during the period of his being in possession pecuniary resources or property disproportionate to his known sources of income, he would not be required in law to offer any explanation to satisfactorily account thereafter”.
3.In M.Sriramulu Vs. State of A.P reported in 2003(1) ALD Criminal 740
A.P., wherein the lordships held that “when prosecution did not place any material before the Court to connect accused with assets on mere assumptions Court cannot accept the ownership and possession of assets disproportionate to the known sources of income”.
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BURDEN OF PROOF:
14.In case of Sajjan Singh Vs. State of Punjab the lordships held as follows regarding burden of proof.
“Under Sub Section 2 of Section 5 of P.C.Act, 1988 burden is on theprosecution to prove the guit of the accused must be held to be discharged if certain facts as mentioned therein are proved. Burden shifts to the accused and the accused has to prove that inspite of the assets being disproportionate to his known sources of income he is not guilty of the offence. There can be no doubt that language of such a special provision must be strictly construed”.
15.In Section 13(1)(e) legislature used the words 'known sources of income'.
Whereas in explanation to 13(1)(e) the intended meaning of 'known sources of income' is given by the Legislature.
16.The word 'and' in explanation assumes lot of significance in defining the 'known sources of income' and though the public servant receives some income from any lawful source, it cannot be treated as 'known sources of income' unless its receipt by the public servant is intimated to the concerned as per the provisions of law, rule or order applicable.
17.In this connection Hon'ble Apex Court in AIR 2004 Supreme Court 517 and
Hon'ble High Court of Orissa in its judgment reported in 1995 Cri.L.J 2417 erudite
as follows:
“the expression 'known sources of income' in Section 13 has reference to sources known to the prosecution after thorough investigation of the case and it cannot be contended that 'known sources of income' means sources known to the accused only”.
It is also held that “Emphasis must be on the word satisfactorily and the legislature thus deliberately casts burden on the accused not only to offer possible explanation as to how he came by his large wealth but also to satisfy that his explanation is worthy of acceptance”.
18.On the touch stone of these legal principles, we shall now test whether prosecution established its case and whether accused could satisfactorily explain 8 his lawful sources of income as envisaged under Sec.13(1)(e) with positive and cogent evidence.
19. Before embarking upon the Items of Assets, Income and Expenditure it must be stated that only relevant oral testimonies and documents which are necessary to decide the issues in controversy would be focussed hereafter since voluminous material is available on record.
ASSETS – ANNEXURE I:
20.Though prosecution enumerated 31 items of assets in AnnexureI, Items 9, 12, 18, 19, 21 and 26 were not valued and total value of remaining 25 items is only mentioned. We will proceed to discuss the items with serial numbers given in
AnnexureI to avoid confusion regarding numbers created by both prosecution and
A.O.
Item No.1:
21.It is described as vacant site of 302.5 sq.yards in S.No.792/2A in
Kamanagaruvu Village, Amalapuram Mandal of value Rs.30,300/. The defence plea is, though A.O is in possession of this property Page 2 of Ext.P.2 sale deed in respect of this item clearly shows that consideration of Rs.30,300/ was paid by father of
A.O and as such, this amount of Rs.30,300/ is gift given by father of A.O for the benefit of A.O and A.O did not pay any amount for acquisition of this asset and amount of consideration along with stamp duty and registration fee to be treated as income of A.O.
22.A.O further contended that on the same date of Ext.P.2 father of A.O also purchased same extent of 302.5 sq.yards of site in favour of brother of A.O namely
Kameswara Lakshmi Narayana and in the said document also it is mentioned that consideration was paid by father of A.O.
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23.In this connection prosecution examined P.W.1/thethen SubRegistrar,
Amalapuram and got marked Ext.P.2 certified copy of sale deed dated 02111991 bearing Doc.No.4880/91.
24.In Ext.P.148 explanation given by A.O in his earliest opportunity he categorically admitted payment of consideration and stamp duty of registration charges of Rs.3,666/ under Ext.P.2. In the light of said admission of A.O the defence plea that his father paid entire consideration and registration charges cannot be accepted and value of Rs.30,300/ is taken into consideration.
Item No.2:
25.This is described as three storied building bearing D.No.6112 in
Kamanagaruvu Village, Amalapuram Mandal of value Rs.15,95,000/. Admittedly this building is situated in Item No.1 site purchased by A.O under the original of
Ext.P.2 sale deed. To substantiate the said value of Rs.15,95,000/ shown in charge sheet prosecution examined P.W.12/Deputy Director Engineering and got marked
Ext.P.54 valuation report.
26.A.O admits purchase of Item No.1 site, construction of building therein and payment of house tax in respect of this house but denies only value of
Rs.15,95,000/ shown in the charge sheet.
27.The defence plea in this connection is, under Ext.P.17 proceedings of E.O,
Kamanagaruvu Gram Panchayat permission was given to A.O for construction of 2nd floor which indicates that ground and 1st floors were already in existence and all the three floors were not constructed simultaneously and value of this building is to be taken as Rs.8,50,000/ as informed by A.O to Income Tax Authorities, but not as valued by P.W.12 basing on S.S.R rates of 1998.
28.To substantiate the contention of prosecution P.W.2/Ganta Satyababu,
Panchayat Secretary, Kamanagaruvu Panchayat and P.W.12/Vijaya/Deputy 10
Director Engineering were examined and Exts.P.17 to P.22 and Ext.P.54 valuation report were marked. Whereas in support of the defence plea, A.O examined
D.W.2/Ch.Satyanarayana, Panchayat Secretary, Kamanagaruvu Village and got marked Exts.D.9 and D.10.
29.P.W.12/Deputy Director Engineering deposed that he inspected building in
Item Nos.2 and 16 in the presence of I.O and A.O and taken detailed measurements of the buildings and applied S.S.R rates of the year of construction given to him by
I.O and Item No.2 is valued as Rs.15,95,000/ excluding site value under Ext.P.54 report and he had duly given rebate of 10% for personal supervision. At page 6,
P.W.12 fairly deposed that during the time of inspection he prepared rough sketch of the building and taken photos through photographer and though they were not enclosed to Ext.P.54 report while sending the same to I.O he produced them and shown the said photos along with negatives and rough sketch. He strongly denied the suggestions that without taking any measurements he inflated the value of construction at the instance of ACB authorities. P.W.12 clearly deposed that since year of construction is given by I.O as 199899 same is applied in arriving at value of the building.
30.Main focus in crossexamination is about not enclosing the paper on which measurements were noted to Ext.P.54 report and applying S.S.R rates by considering year of construction as 1989 though ground and 1st floors were constructed in 199293 by duly obtaining permission from gram panchayat.
31.If the measurements basing on which the value of the building was estimated are false being owner of the building A.O ought to have suggested correct measurements according to him and in what way Ext.P.54 is wrong. But A.O did not choose to suggest the alleged correct measurements though he denied the measurements basing on which Ext.P.54 report is given.
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32.At this juncture, it is apposite to note that in Ext.P.148 explanation though
A.O claimed that wood was not purchased on the ground that it was grown in the land of his parents and bricks were not purchased as some bricks were manufactured on their own and some bricks of old dilapidated house of his grandmother were utilized and transportation of the material was free as it was made in lorry of his father bearing No.AEG 2466, he did not adduce any evidence as to how he constructed three storied without purchasing wood and bricks.
33.Though in Ext.P.148 explanation A.O explained that construction of the building was commenced in 1992 and completed at fag end of 1999, he did not whisper that by 199798 or even much earlier than that he completed construction of ground and 1st floors.
34.Be that as it may, on the top of it no suggestion as to free wood, bricks and transportation was given to P.W.31/I.O and P.W.12 who inspected and valued the building under Ext.P.54 valuation report. Though P.W.12 had fairly shown photos with negatives of the building taken during inspection and rough sketch drawn at that time no suggestion was given denying the said taking of photos and drawing of rough sketch during inspection.
35.Further, along with Ext.P.54 report P.W.12 enclosed general abstract, detailed abstract estimate of each floor which is not possible without even physically inspecting the building and taking measurements. Even regarding the nonmention of detailed physical measurements in Ext.P.54 report at Page 5 P.W.12 clearly deposed that the papers on which he noted the measurements during inspection were in his office file and he produced said file in Court and he even answered the questions regarding measurements of compound wall foundation etc by going through the file produced by him. If really he neither noted any measurements nor taken photos and drawn rough sketch, he could not have produced his file containing all these details. Even after deposing about the measurements by going 12 through the file produced by him, no suggestion of alleged correct measurements or that measurements produced are wrong are given. Hence, from the aforementioned discussion, veracity of P.W.12 who is disinterested witness and given report by simply inspecting the building and valued the same, cannot be doubted. No motives can be attributed to P.W.12 to inflate the value of asset to cause loss to A.O.
36.Without adducing any evidence in support of defence plea and explanation about this item in Ext.P.48, A.O laid emphasis mainly on the point that S.S.R rates of 199899 cannot be applied to ground and 1st floors on the ground that they were constructed in 199293 and he had shown value as Rs.8,50,000/ for this item in
I.T returns submitted by him and nature of this item as 'incomplete construction' at
Page 54 of Service Register the copy of which was admittedly seized by P.W.31 during the searches and the said entry was recorded on 05021994 by D.M & H.O.,
Kurnool who was thethen employer of A.O. Service register of A.O under Ext.P.59 did not contain any information regarding prior permissions or submission of A.P.Rs to the department. It contains only 23 pages regarding promotions, increments etc., and no particulars as to properties are whispered in the same. But Page 6 of
Ext.P.107 file seized during searches from the Jasmine House mentioned 'incomplete house construction' in copy of AnnexureI in respect of properties as on 080494. It did not even contain signature of A.O.
37.In addition to this D.W.2/Panchayat Secretary, Kamanagaruvu Village deposed that he produced Ext.D.9 attested copy of resolution dated 30041992 passed by Kamanagaruvu Gram Panchayat regarding issue of permission for construction of building by A.O and Ext.D.10 certificate of Panchayat Secretary
dated 01122011 stating that approved plan in respect of the house of A.O was not
found in the records of Gram Panchayat.
38.A careful scrutiny of Exts.D.9 and D.10 shows that Ext.D.9 is only attested copy of resolution of Gram Panchayat merely mentioning the agenda of meeting as 13 permission sought by A.O for construction of house and the said request was accepted in the meeting. Nothing is whispered in Ext.D.9 as to in which area of the
Village and for which particular site with boundaries and survey number he sought for permission to construct house therein. Without any such details simply mentioning that A.O requested for permission to construct a house and the same was accepted is not of any use to the defence version. Further, even Ext.D.10 certificate issued by Panchayat Secretary, Kamanagaruvu dated 01102011 only shows that A.O got a house bearing D.No.6144 and approved plan relating to the said house of the year 1992 sought for by A.O was not found in the records. Hence, even Ext.D.10, Panchayat Secretary did not confirm that in 1992 Gram Panchayat approved plan relating to the house in Item No.2 as it is simply mentioned that A.O himself sought for approved plan of the year 1992 which is not found. Hence,
Ext.D.10 is not of any avail to A.O to support his contention that in 1992 itself plan was approved for the building and in pursuance of the same, construction was commenced in the absence of approved plan. A.O being public servant ought to have been in possession of copy of approved plan. No suggestion was given that he lost the copy of approved plan, and sought the same. He did not make any endeavour to produce atleast O.C of application allegedly made by him in 2011 to obtain Ext.D.10 as mentioned in Ext.D.10.
39.Without producing any evidence, A.O is totally placing reliance upon Ext.P.18 proceedings of E.O, Kamanagaruvu Gram Panchayat granting permission for construction of the said building in Item No.2. Ext.P.18 photocopy of the proceedings does not specifically show that it is only in respect of 2nd floor of Item
No.2 building. On the other hand, Ext.P.18 proceedings refers to the application of
A.O dated 23121998 in respect of construction of building but not construction of only 2nd floor.
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40.By placing reliance upon copy of plan enclosed to Ext.P.18 for 2nd floor, A.O contend that without the existence of ground and 1st floors, construction of 2nd floor cannot be done and that itself indicates the completion of construction of ground and 1st floors and as such, S.S.R rates of 199899 which were applied for valuing 2nd floor cannot be applied for ground and 1st floors as they were constructed much prior to that by obtaining permission in the year 199293 itself.
41.In this connection, P.W.2/G.Satyababu, Panchayat Secretary, Kamanagaruvu
Panchayat deposed that as per the contents in Ext.P.17 letter dated 26022003 A.O got two storied building with Assessment No.1033 and revised Assessment No.1302 and Rs.1,545/, Rs.2,224/ and Rs.2,335/ was imposed towards house tax and library cess respectively upon the house of A.O for the years 19992000, 200102 and 200203 and an amount of Rs.9,000/ was estimated as monthly rental value and Rs.1,545/ was also collected towards house tax and library cess for the year 200001. Except giving suggestion that the particulars of tax mentioned in Ext.P.17 are incorrect, nothing useful was elicited from P.W.2 about the alleged approval of plan in the year 1992 itself. On the other hand, in reexamination P.W.2 clearly deposed that Ext.P.20 is the relevant entry relating to Item No.2 house in Revision
Register for the year 200102 and Ext.P.22 is the relevant entry at Page 41 for the year 200001 and Ext.P.21 is the relevant entry with Assessment No.1033 at Page 41 in Assessment Book.
42.In the light of this it is necessary to throw sufficient light on Exts.P.20 to 22 and P.17. Ext.P.20 Revision Register for the year 200102 bears Ext.P.20 entry at
Page 45 mentioning the new assessment number as 1302 and tax of Rs.2,224/ including house tax and library cess was imposed for the year 200102 and the said tax was payable by 01042001. So also Ext.P.22 House Tax Demand Register shows that an amount of Rs.1,545/ was imposed in total towards house tax and library cess for Assessment No.1033 for the year 200001. As deposed by P.W.2 and on scrutiny of Exts.P.17, P.20 to P.22 it is crystal clear that Item No.2 house was 15 assessed to tax with Assessment No.1033 for the first time in the year 19992000 by imposing tax of Rs.1,545/ and thereafter the assessment number was revised to 1302 by enhancing the tax to Rs.2,224/ for the year 200102. Thus, Exts.P.20 to 22 manifests that for the first time house was assessed to tax in 19992000. Even as per I.T returns of A.O for assessment year 200001 A.O claimed rental income on
Item No.2 building from December, 1999 only.
43.A.O did not produce any scrap of paper contrary to this evidence to show that ground and 1st floors were constructed in 199293 itself and building was assessed to tax in that year or in the subsequent year prior to 1998. Even otherwise if really the construction of ground and first floors of the building was totally completed in the year 199293 or 199394, the same could have been assessed to tax, but it was not done as per the material on record. Hence, simply on imaginary grounds without any iota of evidence, value of Item No.2 cannot be reduced to Rs.8,50,000/ on the ground that the construction of ground and 1st floors was completed much earlier to 2nd floor.
44.Viewed in any angle value of Rs.15,95,000/ shown in Ext.P.54 report given by P.W.2 can be safely taken into consideration for the reasons mentioned supra.
Hence, value of this item is taken as Rs.15,95,000/.
Alleged Benami Transactions
45.Prosecution contend that out of 31 items of Assets, A.O purchased Items 3, 4 and 25 in the name of his father, Items 8, 10 and 15 in the name of his mother,
Items 11,16 and 17 in the name of Sujathamma and Item No.22 in the names of his children with illegal income and either parents of A.O or Sujathamma and children of Sujathamma have no sources to acquire these properties and A.O failed to explain satisfactorily about the said items in explanation and as such, they are added as
Assets of A.O.
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46.A.O emphatically denied the same and contend that they have enough sources to purchase the said items and prosecution failed to prove benami nature of transactions with positive and cogent evidence.
Burden of proof of benami transactions:
47.Learned counsel for A.O assiduously argued that burden of proof of showing that a transfer is benami transaction lies on the person who asserts that it is a benami transaction as per settled law and true character of transaction is governed by intention of the party who has contributed the purchase money and intention is to be decided on the basis of surrounding circumstances and source of money is always a valuable test to ascertain whether particular transaction is benami or not and custody of sale deeds in respect of alleged benami transactions were not found in the house of A.O and prosecution miserably failed to show that items stood in the name of mother, father, Sujathamma and children in the assets are the properties purchased by A.O .
48.Refuting the said contention, learned Spl.P.P vehemently submitted that the material on record clinchingly shows that parents of A.O and Sujathamma have no sources of income to acquire these properties and A.O himself purchased benami items in their names because he is a public servant and cannot purchase many items disproportionate to his sources of income without obtaining prior permission and showing the sources and as such, prosecution has amply proved the benami nature of these transactions and purchase of the same by A.O, but A.O could not prove any sources of income worth purchasing these benami items in the names of mother, father, Sujathamma and children and as such, the defence plea cannot be accepted.
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49.To buttress the said contention of A.O, learned counsel for A.O placed reliance upon the following citations.
1.In K.Govardhan Vs. State of A.P reported in 2001 (1) ALT Criminal 468 A.P the lordships by referring to Krishnanand Agnihotri case succinctly held as follows regarding burden of proof of benami transactions.
“In the absence of any direct evidence the mere assertion that purchasers have no source of income which is not borne out by record and the fact that some cheques were issued by Accused in favour of purchasers do not lead to any inference that the properties are benami for the benefit of accused officer”.
2.In Jaydayal Podder (deceased) through L.Rs Vs. V.B.Hazra and others reported in AIR 1974 SC 171 the lordships held as follows regarding onus of proof in benami transactions.
“It is well settled that the burden of proving that a particular sale is benami and the apparent purchaser is not the real owner always rests on the person asserting it to be so. This burden has to be strictly discharged by adducing legal evidence of a definite character which would either directly prove the fact of benami or establish circumstances unerringly and reasonably raising an inference of that fact. The Courts are usually guided by the following circumstances. (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged benamidar; (5) the custody of the titledeeds after the sale and (6) the conduct of the parties concerned in dealing with the property after the sale”.
50.It is apt to quote that in recent decision of Hon'ble Apex Court between
Mangathai Ammal (died) through L.Rs and others Vs. Rajeswari and others
reported in 2019(3) ALT 281 SC under Benami Transactions Act, 1988 and Sec.3 of Benami Transactions(Amendment) Act, 2016 the lordships elaborately discussed all its earlier decisions including Jaydayal Podder, Thakur Bheem Singh,
P.Leelavathi etc., and held that the six circumstances mentioned earlier in
P.Leelavathi Case i.e., (1) the source from which purchased money comes; (2) the nature and possession of property after the purchase; (3) motive if any for giving the 18 transaction a benami colour, (4) the position of the parties and the relationship if any between the claimant and the alleged benamidar; (5) the custody of title deeds after the sale and (6) the conduct of the parties concerned in dealing with the property after the sale can be taken as guide.
51.In Para 6 of the Hon'ble Apex Court Judgment in Jaydayal Podder regarding the guidelines laid down to test benami nature of transaction it was observed as follows.
“Though the question, whether a particular sale is benami or not, is largely one of fact, and for determining this question, no absolute formulae or acid test, uniformally applicable in all situations can be laid down yet in weighing the probabilities and for gathering the relevant indicia, the Courts are usually guided by the six circumstances”.
“............the above indicia are not exhaustive and their efficacy varies according to the facts of each case”.
52.Hence, even as per the said observations it is clear that the guidelines laid down in the aforementioned citations are not exhaustive and their efficacy varies according to the facts in the case and there is no absolute formulae or acid test uniformally applicable for all situations to decide the benami nature of transactions.
53. On the touch stone of these legal principles we must test the case of prosecution.
54.Before adverting to the details of the case and circumstances it must be stated that in the house of father of A.O many original registered documents including some property documents of A.O, Sujathamma and her children were found during searches under Ext.P.128 made up file and original building plans with regard to 2nd floor of the house of A.O in Item NO.2 and approved plan in the name of father of
A.O in respect of 2nd floor of Item No.3 building were found during searches in
Ext.P.127 made up file. As per Ext.P.112 made up file found during searches of house of A.O which contains 77 sheets, valuation report in respect of Item No.3 building which was allegedly purchased by A.O in the name of his father pertaining to Item No.3 of Assets. Curiously this made up file also contains many kinds of 19 draft deeds of partition between parents of A.O and the three sons including A.O.
But, nothing is on record as to actual culmination of the same into partition deed in pursuance of the said drafts. As per Ext.P.116 made up file found during searches in the house of A.O there are copies of Form 16 and statement of income of A.O as well as his father for some assessment years. Prosecution alleged that A.O purchased some assets in the names of his mother, father, Sujathamma and children through Sujathamma. In this backdrop the evidence on record needs to be focused at length.
Family background:
55.At this juncture, it is necessary to go through family background of the parents of A.O.
56.According to prosecution, Peyyala Narayana Murthy and Lakshmi
Narayanamma are the parents of accused officer and they are natives of Samanasa
Village, Amalapuram Rural Mandal and hail from middle class family and blessed with three sons and three daughters including accused officer as their eldest son and father of accused officer was retired as school teacher on 31071994 and he performed marriages of all his children.
57.Prosecution further contend that accused officer married Vijayalakshmi the second daughter of Devarapalli Venkatapathi on 20021981, and accused officer was blessed with two daughters and one son and 1st daughter Neelima studied upto
Degree and her marriage was performed with Sri Ravan Kumar, son of sister of accused officer on 03082001 and 2nd daughter Spandana and son Anil were studying 10th class and 2nd Inter respectively by the date of registration of the case.
58.In addition to that learned Spl.P.P submitted that father of accused officer started filing income tax returns even according to the material on record only from 1998 which is four years subsequent to his retirement and he had no substantial properties or resources to purchase any assets subsequent to his retirement and he 20 cannot purchase Item Nos.3, 4 and 20 of assets and mother of accused officer cannot purchase Item Nos.8, 9 and 13 of the assets.
59.Since prosecution contend that Items 3, 4 and 20 stood in the name of father of accused officer and Items 8, 9 and 13 stood in the name of mother of accused officer and they have no capacity to purchase them and A.O himself purchased those properties in the names of his parents, at the outset, it is necessary to have a deep insight into the economic profile of parents of accused officer as per record.
Father's property:
60.In this connection, at Page 34 P.W.31/I.O deposed that father of accused officer received retirement benefits to the tune of Rs.1,59,867/ and prior to check period he got only Ac.3.00 cents of wet land jointly in the names of himself and his wife and as such, parents have no capacity to purchase the properties mentioned in the assets which stood in their name. P.W.31 further deposed that parents of A.O have sold away their lands even before the check period.
61.On other hand, in cross examination of P.W.31 admits that property covered under Ex.D.24 certified copy of sale deed bearing No.3767/1980 stood in the name of father of accused officer. Ex.D.24 is certified copy of sale deed dt.18081980 stood in the name of father of accused officer in respect of Ac.0.60 cents of land in
Samanasa Village, Amalapuram Mandal. Admittedly he retired as School Teacher on 31071994.
Mother's property:
62.Through P.W.31/Investigation officer, Exs.D.13 to 23 stood in the name of mother of accused officer were marked. Out of these documents, except Ex.D.15 remaining documents are certified copies of sale deeds. Whereas, Ex.D.15 is certified copy of settlement deed dt.24101956 in favour of mother of accused officer in respect of Ac.0.28 cents. Under Ex.D.13/Certified copy of sale deed dt.04 21 011963, Ac.0.21 cents, under Ex.D.14/certified copy of sale deed dt.12051960,
Ac.0.01 cent, under Ex.D.16/Certified copy of sale deed, dt.06011982, Ac.0.85 cents, under Ex.D.17/certified copy of sale deed, dt.24111977, Ac.0.80 cents, under Ex.D.18/certified copy of sale deed, dt.16061976, Ac.0.60 cents, under
Ex.D.19/ certified copy of sale deed, dt.06021968, Ac.0.23 ½ cents, under
Ex.D.20/certified copy of sale deed, dt.19031966, Ac.0.38 cents, under
Ex.D.21/certified copy of sale deed, dt.17051966, Ac.0.20 cents, under
Ex.D.22/certified copy of sale deed, dt.27101965, Ac.0.20 cents and under
Ex.D.23/certified copy of sale deed, dt.17111964, Ac.0.40 cents were purchased by mother of accused officer. The total extent covered under Exs.D.13 to D.23 is
Ac.4.44 ½ cents. Further, out of these sale deeds, eight documents are prior to 1970 and two documents are in between 1970 to 1980 and Ex.D.16 is subsequent to 1980.
63.Under the original of Ex.P.10 certified copy of settlement deed, dt.17022000 executed by mother of accused officer she settled an extent of i.e., Ac.0.23 ½ cents in favour of Sujathamma. According to the recitals of this document, mother of accused officer acquired the property under sale deed dt.06021968 and out of love and affection towards donee, the said property was settled in her favour. The donar referred to Ex.D.19 sale deed to explain as to how she acquired this property.
Hence, by excluding Ac.0.23 ½ cents from the total extent of Ac.4.44 ½ cents (Ac.4.44 ½ – Ac.0.23 ½) remaining extent comes to Ac.4.21 cents. Total land of parents of accused officer as per the aforementioned material placed on record by defence comes to Ac.4.81 cents (Ac.0.60 cents of father + Ac.4.21 cents of mother).
64.Accused officer also filed office copy of statements of income of his father filed
before Income Tax Authorities along with I.T returns under Exs.D.3 to D.5.
Contents in Exs.D.3 to D.5 assume great significance in the light of the version of accused officer that parents of accused officer have no capacity to purchase any properties during the check period.
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65.Ex.D.3 is office copy of statement of income for assessment year 200001 of father of accused officer and it mentions that assessee/father of accused officer wherein he explained that he was maintaining regular books of account for income on agricultural lands and money lending business in the names of himself and his wife. He further explained that he used to take lease of lands from 1960 onwards and purchased sites, constructed buildings etc. A.O did not file any iota of evidence in support of the same. Leave alone the said evidence he did not choose to file the alleged regular books of account maintained for agricultural income and money lending business as mentioned in Ext.D.3.
66.Ex.D.4/Office copy of statement of income of father of accused officer for assessment year 200203 at Page No.2 mentions that he constructed building with
D.No.641998 (Item No.3 of Assets) in 19992000 and gifted to his granddaughter on 03082001 on the occasion of her marriage under registered gift deed, dt.3007 2001. Assessee further mentioned that he purchased site with house bearing
D.No.426 at College Road, Amalapuram as per document, dt.08082001 in the name of his wife (Ex.P.133 is original sale deed in respect of this item and Ex.P.5 is certified copy of Ex.P.133). This item is alleged as binami property purchased by accused officer in the name of his mother.
67.Ex.D.5 office copy of statement of income of father of accused officer for assessment year 200304 also mentions agricultural income of the assessee and his wife during that year as Rs.3,27,510/. Along with Ex.D.5 photocopy of sale deed, dt.04062002 in respect of site in Kuchimanchivari Agraharam (Item No.12 of
Assets) in favour of mother of accused officer and photocopy of registered sale deed, dt.02042002 in respect of site at Kuchimanchivari Agraharam along with four shops (Item No.15 of Assets) for Rs.3,50,000/ in favour of mother of accused officer etc., were enclosed.
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68.Exs.D.3 to D.5 for assessment years 200001, 200203 and 200304 did not mention the extent of land of accused officer's parents. Office copy of statement of income of father of accused officer for assessment year 200102 covered under
Ex.P.116 also did not mention the extent of land of parents of accused officer.
69.Further, in office copy of statement of income of father of accused officer for assessment years 199899, 19992000 filed at the time of arguments on 020419 also extent of land of parents of accused officer is not mentioned. Hence, from 199899 to 200304 the extent of land of himself and his wife are not mentioned specifically in his I.T returns though he had shown agricultural income.
70.In the alleged I.T returns for the assessment years 200001, 200102 and 200203 filed along with additional written arguments on 02042019 A.O had shown agricultural income on Ac.030 cents of coconut garden at Kamanagaruvu at the rate of Rs.5,000/ per acre and 1/3rd of agricultural income from Ac.152 cents of land at Rangapuram wherein coconut and paddy crops were raised is shown at the rate of Rs.5,000/ per acre and total amount of Rs.10,000/ of agricultural income was shown for each of the assessment years 200001, 200102 and 2002 03, but for the assessment years 200102 and 200203 sale proceeds of coconut saplings was shown as Rs.24,000/ and Rs.25,000/ respectively in addition to the said agricultural income and claimed agricultural rebate for all these years.
71.Father of A.O had shown agricultural income in Ext.D.3 i.e., copy of I.T returns for the assessment year 200001 as Rs.2,04,310/, in Ext.D.4 for the assessment year 200203 as Rs.3,01,240/ and in Ext.D.5 for the assessment year 200304 as Rs.3,27,510/. In all the three years under the head of agricultural income in Exts.D.3 to D.5 he had shown his agricultural income as Rs.40,436/,
Rs.63,190/, Rs.61,020/ respectively and his wife's agricultural income as
Rs.1,66,874/, Rs.2,38,050/ and Rs.2,66,490/ respectively.
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72.It is pertinent to note that the lands of A.O and his parents are situated admittedly in same village or in nearby villages of the same district. When A.O had shown his agricultural income at the rate of Rs.5,000/ per annum for Ac.050 cents, it is strange that income on land of his parents which is not even Ac.500 cents as mentioned in the foregoing paras is declared as Rs.2,04,000/,
Rs.3,01,240/ and Rs.3,27,510/ in Exts.D.3 to D.5 by father of A.O for similarly situated lands for the same years. Hence, the aforementioned agricultural income mentioned in the alleged I.T returns of father of A.O expose malafides in disclosing the said income.
73.Though prosecution could not place any material on record regarding sale of land by parents of A.O prior or subsequent to check period with meager amount of agricultural income from their land which is not even Ac.500 cents as mentioned supra they cannot purchase big assets. Further, it is not that mother of A.O atleast got substantial properties and sources of income.
74.In this background we should proceed to discuss and analyse the evidence of prosecution as well as A.O with regard to alleged benami properties and other items of assets.
Items 3 and 4:
75.Item No.3 is described as two storied building bearing D.No.6498 in Ashok
Nagar, Amalapuram under Doc.Nos.4068/96 and 2150/01 of value Rs.22,00,000/.
Item No.4 is described as two storied building bearing D.No.6498 of Ashok Nagar,
Amalapuram of value Rs.7,22,000/.
76.The case of prosecution in this connection is, A.O purchased vacant site of 726 sq.yards in the name of his father for Rs.2,18,000/ on 14111996 under
Ext.P.3 and constructed ground and 1st floors in the said site and subsequently under the original of Ext.P.130 gift deed in the year 2001 A.O got his father gifted 25 the said property in the names of himself and his daughter Neelima and as such,
Item No.3 should be taken as asset of A.O. A.O emphatically denied the same and contend that he has nothing to do with the same and it is exclusive property of his father.
77.In this connection prosecution examined P.W.1/SubRegistrar, Amalapuram through whom Ext.P.3 certified copy of sale deed bearing No.4068/96 dated 1411 96 in favour of father of A.O for a consideration of Rs.2,18,000/ was marked and through P.W.31/Investigating Officer Ext.P.130 settlement deed dt.06082001 in favour of A.O was marked. P.W.31 deposed that during the year 199798 A.O constructed two storied building in Item No.3 in the name of his father who inturn gifted the said building to A.O under the original Ext.P.130/registered settlement deed dt.06082001 and according to the document, value of the property is
Rs.22,00,000/ and on requisition, Municipal Commissioner, Amalapuram furnished details of building permission, house tax etc., under Exts.P.50 to 52.
78.With regard to Item No.4 also same witnesses were examined. According to
P.W.21 father of A.O gifted part of Item No.3 building to his granddaughter.
Neelima who is elder daughter of A.O under Doc.No.2124/2001 and value in the document is mentioned as Rs.7,22,000/.
79.With regard to value of Items 3 and 4, P.W.31 deposed that on requisition
Deputy Director evaluated the value of Items 3 and 4 by measuring the property and advised to take value mentioned in the gift deeds in favour of A.O and his daughter
Neelima. As deposed by P.W.31 the values mentioned in gift deeds in respect of items 3 and 4 in favour of A.O and his daughter Neelima are mentioned by prosecution.
26
80.Interestingly, there is no denial regarding the execution of settlement deeds in respect of this property in favour of A.O and his daughter Neelima by his father and donees became absolute owners of the property from the respective dates of settlement deeds.
81.To buttress the defence plea, A.O is relying upon Ext.D.3 I.T.returns of father of A.O along with enclosures including report of registered valuer Badam Sundara
Rao dt.29121998 stating that construction value of Item No.3 building is
Rs.14,25,000/.
82.In the light of this, Ext.D.3 office copy of I.T return of father of A.O along with enclosures for the assessment year 200001 which covers the period of income from 01041999 to 31032000 shows that he mentioned a note at the end of statement of income explaining as to how he acquired Item No.3 site and constructed building.
Along with Ext.D.3 he enclosed tax voucher which bears the date 18092000, report of registered valuer dated Rs.29121998 regarding value of property, photocopy of registered sale deed dt.14111996, copy of Form 2D Saral, Sale Agreement in respect of Leyland lorry AEG 2466 dated 11021998.
Explanation about this item in Ext.D.3:
83.Turning to the aforementioned note in statement of income, father of A.O explained that he retired as Teacher in the year 1994 and he is an active agriculturist and used to take lands on lease from 1960 and get net agricultural income after paying lease amount and used to acquire lands from time to time out of his agricultural savings in the names of himself and his wife Lakshmi Narayanamma and gradually out of the savings from the agricultural income of himself and his wife, he used to lend the amounts to his friends and close relatives for agricultural purposes and realized the debts for purchase of lands and he is maintaining regular books of account with regard to income from agricultural lands and money lending 27 business and on 10101995 he purchased a lorry and sold the same during 1997 98.
84.He further explained that during 1996 he purchased Item No.3 site at Ashok
Nagar, Amalapuram and started construction of shopping complex and construction was completed by March, 1998 and shops were let out from April, 1998 and total cost of construction comes to Rs.15,00,000/ and a Registered Valuer estimated the cost of construction at Rs.14,25,000/ and he met the cost of construction by taking term loan of Rs.5,00,000/ from Vysya Bank, Amalapuram, Gold loan of
Rs.67,500/ from Amalapuram, utilizing Rs.2,00,000/ realized from money lending business, Rs.1,48,500/ of agricultural income Rs.1,30,000/ of sale proceeds of lorry, Rs.39,570/ from sale proceeds of gold ornaments and Rs.2,20,000/ of cash savings by way of depreciation on lorry and Rs.40,000/ of sale proceeds of Power
Tiller.
85.Further it is worthy to note the following explanation of father of A.O mentioned at the end of this note.
“As there was no taxability in the earlier years, he did not file I.T returns upto 31031998, but all these transactions were passed through the books”.
86.Learned Spl.P.P vehemently submitted that though parents of A.O got
Ac.500 initially as they were blessed with three sons including A.O and three daughters and performed the marriages of all of them, by the date of commencement of check period i.e., 19091990 they got only Ac.300 cents of agricultural land and further as father of A.O retired as mere school teacher in 1994 he had no capacity to purchase Item No.3 site under Ext.P.3 and construct building therein of value
Rs.22,00,000/ much subsequent to his retirement and when according to his own note in Ext.D.3 there was no taxable income to file I.T returns till 31031998 i.e., four years after his retirement, how his income suddenly raised so much to the extent of constructing a house of value Rs.22,00,000/ by purchasing site under 28
Item No.3 is a million dollar question and mere dumping of Ex.D.3 I.T return or other I.T returns do not substitute proof.
87.For meeting the cost of construction of Item No.3 house which according to him is Rs.15 lakhs and purchase of site which according to Ext.P.3 is
Rs.2,18,000/, he must have substantial amount of income. But, no material was placed on record regarding the alleged agricultural and money lending income of parents of A.O though in Ex.D.3 note it is specifically mentioned that he maintained regular books of account for income in respect of agriculture and money lending business in the names of himself and his wife.
88.Further, even regarding the term loan of Rs.5 lakhs gold loan of Rs.67,500/ and realization of debts to the tune of Rs.2 lakhs joint agricultural income
Rs.1,48,500/ and sale of gold and silver of his wife etc., mentioned in the note, there is absolutely no evidence. Further, in the note he mentioned that he realized substantial amount of Rs.1,30,000/ through sale proceeds of lorry which was purchased on 10101995 and enclosed sale agreement dt.11021998. As per this agreement father of A.O sold his Leyland lorry of 1989 model bearing No.AEG 2466.
But, for the very purchase of alleged 1989 model in his name on 10101995 he did not enclose any scrap of paper. In the very first return for the assessment year 199899 also father of A.O did not mention any details about the said lorry except claiming income of Rs.24,000/ @ Rs.2,000/ per month and profit on sale of lorry as Rs.5,872/. Hence, in the absence of any evidence regarding the very purchase of lorry father of A.O cannot claim that he utilized Rs.1,30,000/ of the alleged sale proceeds of lorry and Rs.2,20,000/ on cash savings by depreciation on lorry i.e., total amount of Rs.3,50,000/ of alleged income on lorry in meeting the cost of construction.
89.As per the contents in Ext.D.25, father of A.O died on 17092008 which is much subsequent to the filing of charge sheet and taking cognizance of the same 29 against A.O and he was very much alive by the date of giving Ext.P.148 explanation by A.O on 01012004. Hence, it is not that A.O did not have any information from his father even by the date of giving explanation. Inspite of the same, A.O did not choose to come forward with any material before the Court till the marking of
Exts.D.3 to D.5 through P.W.31 and filing of three more I.T returns of his father on 020419 along with additional memorandum of written arguments. Admittedly when father of A.O retired in the year 1994 and did not file I.T returns till 3103 1998 as there was no taxable income at all, without any positive and cogent evidence A.O cannot contend that his father himself purchased Item No.3 site and constructed house of value Rs.22,00,000/ therein much subsequent to his retirement.
90.Further, even regarding value of property, according to the own explanation of father of A.O in Ex.D.3 note he spent Rs.15 lakhs for construction of this house. As deposed by P.W.31/I.O under Ext.P.130 settlement deed regarding this property in favour of A.O government market value is mentioned as Rs.22,00,000/ and as such, the same is taken into consideration of Item No.3 and even with regard to Item
No.4 which is part of Item No.3 building gifted to daughter of A.O namely Neelima, value of Rs.7,22,000/ mentioned as Government Market Value in that registered document is taken into consideration.
91.In this backdrop a careful scrutiny of Ext.P.130 shows the government market value as Rs.22 lakhs. In valuer's report enclosed to Ext.D.3 return it is clearly mentioned that this building is having 14 shops and stair case in ground floor and two halls in first floor. This itself shows it is highly commercial building meant for realizing rents. Hence, value mentioned by prosecution can be safely taken into consideration as value of Item No.3. Regarding the value of Item No.4,
Doc.No.2124/01 settlement deed in favour of Neelima shows the market value
30
of the property as Rs.7,22,000/ as deposed by P.W.31 and the same can be
taken into consideration.
92.In this connection, it is pertinent to note that A.O started realizing rents from
Item No.3 and the same is mentioned in his I.T returns for the assessment year 200001.
93. The principles and guidelines deduced from the cited precedents
regarding benami nature of transactions are only enumerative and not
exhaustive and their application to the facts and circumstances of each case
should be strictly contextual but not mechanical. A Highly intelligent person who intend to suppress the benami nature of transaction may not leave any evidence also. The parties to the transaction with regard to this item are only father and son who are in cordial relations. A detailed discussion was made in the foregoing paras regarding financial capacity of father of A.O to purchase properties and construct houses by spending substantial amounts. The very act of father of
A.O in gifting the property to A.O and his daughter soon after construction without any reason and keeping the original document with him lends support to the version of prosecution. Though A.O denied the value of this building as Rs.22 lakhs even as per the note mentioned by his father in Ext.D.3/statement of income he spent
Rs.15 lakhs for construction and if that amount is added to Rs.2,18,000/ of site value as per Ext.P.3 it comes to total amount of Rs.17,18,000/. Certainly as discussed above, father of A.O has no capacity to acquire asset of value around
Rs.20 lakhs. Though according to A.O Ext.P.130 settlement deed in favour of A.O in respect of this property was seized from father's house of A.O that does not ipso facto leads to the inference that it was not acted upon. Ext.P.127 file found during searches in the house of father of A.O contains approved plan with regard to 2nd floor of the house of A.O i.e., Item No.2 building. Mere existence of document or plan relating to building of A.O in the file of his father and O.C of statement of 31 income of father of A.O in Ext.P.116 file found in the house of A.O, do not ipso facto lead to any inference regarding ownership of those items in view of the close relationship between the parties and circumstances of the case which must be considered in arriving at benami nature or otherwise of the transactions. Further, motive to keep the document in father's custody at native village is certainly not that the document should not be acted upon.
94.At this juncture, it must be stated that at Page 60 of Ext.P.107 file A.O explained in letter to his employer that he did not acquire any properties with the year ending 31122001 and even in office copy of Annexures I to III enclosed to that letter with regard to the property statement for the year ending 31122000 he mentioned nil properties. He deliberately did not choose to declare Ext.P.130 settlement deed and some other acquisitions mentioned in other items only to suppress the acquisition of assets.
95.Viewed in all angles and circumstances the version of prosecution that A.O himself purchased this property and constructed building therein and got his father gifted the same to him and his daughter can be safely accepted including value of property. Hence, Items 3 and 4 of value of Rs.22,00,000/ and Rs.7,22,000/ are taken as assets of A.O.
Items 5 and 6:
96.Item No.5 is described as vacant site of 250.55 sq.yards in Plot No.48 in
S.Nos. 381/1, 482/2 in Doctors' Colony, Tirupati of value Rs.2,600/. Item No.6 is described as vacant site of 201.66 sq.yards in Plot No.49 in S.Nos.381/1, 482/2, 483 and 484/1 in Doctors' Colony, Avilala Village, Tirupati of value Rs.2,100/.
97.A.O did not deny purchase of these items under the originals of Exts.P.43 and 45 from Viswaksen Welfare Society and values shown in the charge sheet. Hence, 32
these two items are assets of A.O and value of Rs.2,600/ and Rs.2,100/ can
be taken into consideration.
Item No.7:
98.It is described as house site of 215 sq.yards in Plot No.381 in S.No.272 at Lam
Village, Guntur District of value Rs.22,750/.
99.In this connection A.O contend that this item comprises three properties covered under Exts.P.24, 26 and 66 and Ext.P.24 relates to house site in an extent of 215 sq.yards in S.Nos.271 to 276 of Lam Village and it was purchased by A.O in the name of his daughter for a consideration of Rs.10,750/ and A.O purchased 200 sq.yards of site in S.Nos.271 to 276 of Lam Village under Ext.P.26 for Rs.6,000/ and he also purchased another plot in the name of his son Anil in Kurnool for a sum of Rs.6,000/ and comprising all the three plots value is shown as Rs.22,750/.
P.W.31/I.O categorically admits that this item covers three sites as contended by
A.O.
100. In the light of this a careful scrutiny of Exts.P.24, 26 and 66 show that they are in support of the said defence plea and total consideration under these three documents is Rs.22,750/ which is rightly taken as value though prosecution wrongly mentioned the extent of site as 215 sq.yards which is covered under
Ext.P.24. Hence, value of this item is taken as Rs.22,750/.
101. Item No.9, 12, 18, 19, 21 & 26: No value is shown by prosecution by accepting the explanation of A.O.
102. Item No.13: No dispute.
Alleged benami transactions in the name of Sujathamma and her children:
103. According to prosecution Items 11, 14 and 17 were purchased by A.O in the name of his 2nd wife Sujathamma and Item No.22 was purchased under Ext.P.16 in 33 the names of minor daughters born through Sujathamma and constructed house in
Item No.16 in the name of Sujathamma and as such, they are assets of A.O.
104. A.O emphatically denied the alleged purchases, construction of house, status of Sujathamma as 2nd wife and children covered under Ext.P.16 as his children.
105. Both learned counsel addressed copious arguments on this aspect and prosecution pressed into service abundance of evidence.
106. Learned counsel for accused officer fervently argued that there is absolutely no material on record to prove that Settibalija Sujathamma is 2nd wife of accused officer and P.Srilakshmi and P.Lakshmi Meghana are children of accused officer through the said Sujathamma and oral testimony of PW.31/ Investigating
Officer cannot be relied upon without positive and cogent evidence to prove the alleged relationship between accused officer and Smt. Sujathamma and her children.
107. Per contra, learned Spl. P.P. urged that there is ample evidence on record to show that Settibalija Sujathamma is either 2nd wife or live in relationship with accused officer and children namely P.Srilakshmi and P.Lakshmi Meghana are the children of accused officer through the said Sujathamma and placed reliance upon
Ex.P.99/ Inventory report, Ex.P.84 to P.88, P.117, P.10, P.141 made up file, and
Ex.P.120 file in that connection.
108. In the light of these competing contentions we must have a deep insight into the following oral and documentary evidence regarding relation between
Sujathamma and her children with A.O.
Ext.P.99/Inventory Report:
109. At the outset, it is of great relevance to focus upon the contents in Ext.P.99
Inventory report which consists of 10 pages.
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110. In the introductory portion it is mentioned that inventory proceedings were drafted in the residence of accused officer bearing door No.1176/4, Jasmine
House, near Pavuluri Subbarao Public School, Narasaraopet, Guntur district in pursuance of search warrant issued by Special Judge for ACB Cases,
Visakhapatnam dated 18.01.2003. At page No.2 relevant contents are as follows:
“The Inspector introduced him self to Sri Ganapathi Rao(A.O) and explained the purpose of visit to his house and also introduced the mediators and other raid party. At the time of search party visiting the house Smt.Sujathamma, wife of
Ganapathirao, Smt.Kamalamma, motherinlaw of Ganapathirao and his two
children are present in house. Sri Y.Venkateswarulu, Inspector showed the search warrant issued by Special Judge, ACB, Visakhapatnam to Ganapathirao and asked him to go through the search warrant. Accordingly, Sri Ganapathirao gone through the search warrant and put his signature on the search warrant.”
Crucial admission of P.W.28/Mediator:
111. In this connection P.W.28/ P.Ravindranath Jayachandar who figured as one of the mediators for the said search under Ex.P.99 deposed at page No.3 as follows:
“One lady was present in the house, she represented that she is 2 nd wife
of accused officer and she further stated that she worked as Nurse at Kurnool
while she was working at Kurnool, the accused officer married her.”
112. Interestingly A.O did not deny the serving of copy of Ext.P.99 containing 10 pages upon him and endorsing on last page of Ext.P.99 that he received copy on the same day and signed under that endorsement.
113. At this juncture, learned Spl.P.P., tried to impress upon the court by emphasizing on the aforementioned portion of Ex.P.99 inventory report that 2nd wife
Smt. Sujathamma, motherinlaw of accused officer namely Kamalamma and his 35 two children were present and even PW.28/ mediator categorically admits that during house search the said Sujathamma clearly stated that accused officer married her while she was working as Nurse at Kurnool and if really the said relationship of 2nd wife and motherinlaw and children of accused officer through the 2nd wife mentioned in Ex.P.99 is incorrect, no ordinary prudent person would keep quiet without raising any objection during search or upon receiving copy of
Ex.P.99 and the very conduct of accused officer in coolly receiving the copy and endorsing that he received the copy without raising protest in writing or orally at that time or in Ext.P.148 explanation subsequently given in reply to the statutory notice clinchingly shows that the said relationship mentioned in Ext.P.99 is true.
114. As submitted by Spl.P.P neither Ext.P.99 nor Ext.P.148 explanation of A.O contains any protest of A.O or Sujathamma regarding status of Sujathamma, her mother and children noted in Ext.P.99. If relationship mentioned in Ext.P.99 is false, A.O ought to have denied the same atleast in his own explanation which was given nearly one year after Ext.P.99. No endeavour was made by A.O to explain his silence when the aforementioned contents in Ext.P.99 are so serious touching upon his very personal relations. Only at the time of cross examination of prosecution witnesses for the first time A.O started denying the said status and relationship mentioned in Ext.P.99. Sujathamma remained as silent spectator throughout.
This sparks discussion on this point.
Made up files seized only from Jasmine House:
115. As per Ext.P.98 search list, in respect of the search conducted at Jasmine
House, Narasaraopeta, bearing D.No.1176/4, 13 made up files were seized.
Through P.W.31/I.O they were marked as Exts.P.111 to P.121. These are important files relating to pass books, cheque books, F.Ds, L.I.C bonds, receipts, telephone bills, I.T returns, PAN card, documents and medical bills etc. In column No.7 of
Ex.P.98, it is mentioned that accused officer and his 2nd wife were present 36 throughout the search. Whereas, in the house of father of A.O Exts.P.122 to P.129 made up files were seized. Curiously, search list at Prakash Nagar, Narasaraopeta where wife of A.O lives shows no made up files. Except household articles, nothing is mentioned in Ext.P.100 Inventory Report which took place in the house where wife of A.O was actually living.
116. In Ex.P.99 inventory report it is clearly mentioned that accused officer, his 2nd wife, motherinlaw and two children were present in Jasmine House, Narasaraopeta during the search proceedings and the said house was located in 1 st floor of a
building which was taken on rent by accused officer since 4 years(which means
in or about 1999).
117. P.W.28/Mediator deposed at Page 3 that house owner was not present during the search proceedings under Ext.P.99. Curiously P.W.28 was suggested that house owner was present during the search under Ext.P.99 and stated that he let out the said house to A.O with furniture and articles. P.W.28 strongly denied the said suggestion. A party is supposed to suggest his case to adverse party. The very giving of suggestion that house owner was present and even according to that house owner it was let out to A.O, but with furniture without denying the factum of taking the said house on rent by A.O four years back mentioned in Ext.P.99 report itself amounts to admission of the same.
Testimony of P.W.31/I.O regarding the acquaintance and development of
intimacy between A.O and Sujathamma.
118. P.W.31 deposed as follows.
“The accused while working in Medical and Health Department at Kurnool, he developed illegal intimacy with Settibalija Sujathamma, who was working as Nurse at Private Hospital, Kurnool. The said Sujathamma was only daughter to her parents and they are natives of Ananthapuram District, she completed B.Sc., degree and 37
Nursing Course. The accused kept the said Sujatha as 2 nd wife since 1991 in a
separate house, they blessed with two daughters by name Lakshmi Meghana
and Spandana who were studying 3 rd and 1 st standards in Hindu Public School,
Narasaraopet”.
119. At this juncture, it is worthy to note that date of birth of the said two
daughters are mentioned as 080895 and 040598 respectively in Ext.P.153
issued by Head Master of the school. There is no dispute regarding their studies in that school and date of births mentioned in Ext.P.153.
120. As per P.W.31 A.O worked as Service Engineer in D.M & H.O office, Kurnool from 1990 to April, 1994 and at Ananthapur from April, 1994 to June, 1994 and from June, 2002 to January, 2003 he worked as Asst.Motor Vehicle Inspector,
Narasaraopet. There is no denial regarding the said tenures of A.O in respective stations. Hence, according to prosecution, for long period of four years i.e., from 1990 to April, 1994 A.O worked in Kurnool and during that period he got acquainted to Sujathamma who was then working as Nurse in Kurnool and by developing illegal intimacy he kept that lady as his 2nd wife.
121. Crucially A.O did not come forward with any specific plea that the said
Sujathamma was not Nurse in Hospital at Kurnool during his tenure and why and in what occasion he was present along with her, her children and mother in the house wherein search was conducted under Ext.P.99 and under what circumstances the status of Sujathamma, her children and mother was explained as 2nd wife, children and motherinlaw of A.O. When serious questions regarding the alleged status of Sujathamma and parentage of her children are alleged mere general denial of A.O/Public Officer without explaining anything and silence on the part of A.O, Sujathamma and her mother on these aspects certainly leads to adverse inference.
38
Significance of some gold items reflecting status of Sujathamma:
122. Another important aspect is out of 8 Gold and Silver items found in the said house, mentioned at Page 7 of Ext.P.99, Item No.7 is described as “Nallapoosala
Chain with locket gifted by motherinlaw at the time of marriage and its
weight is 34 g.ms”. Since it is the gifted item as mentioned by accused officer and his wife according to the contents in Ex.P.99, value of this item is not taken into consideration.
123. Further, at Page 8 of Ex.P.99, three Gold items are mentioned on the person of
Sujathamma described as wife of accused officer. Out of these three Gold items found on person of Sujathamma, 1 st item is three Gold rings, 2 nd item is chain with sutra and 3 rd item is pair of ear studs. The 2nd item i.e., chain with sutra found on person of Sujathamma during the search also assumes great significance in the light of the case of prosecution that Sujathamma is 2nd wife of accused officer and because he married her during the subsistence of marriage and property were acquired without prior permission and for nonsubmission of APRs, even departmental proceedings were initiated as per Ext.P.154.
Existence of Official telephone of A.O in Jasmine House:
124. Another important factor is, none of the household articles referred to in
Ex.P.99 are mentioned as gifted by others or parents. On the other hand, telephone instrument bearing No.229140 is described as supplied by Government. Whereas, no such official phone is mentioned in Ext.P.100/Inventory which took place in the residence of accused officer at Prakash Nagar, Narasaraopeta where his wife lived.
The very existence of even official telephone of accused officer in Jasmine house wherein accused officer was found with alleged 2nd wife Sujathamma, his children and motherinlaw also casts serious doubt regarding the version of accused officer that he is no way connected with Sujathamma.
39
Seizure of important made up files from Jasmine House:
125. Further, finding 13 important made up files including documents and income tax papers of accused officer from the said house though nothing was found in the house of accused officer at Prakash Nagar, Narasaraopeta further shows that accused officer kept his important and confidential files in Jasmine house wherein he was found with alleged 2nd wife Sujathamma and children. Even medical file wherein the treatment and expenditure bills of daughter of Sujathamma and also accused officer in the same hospital at Chennai were kept together also shows the close intimacy between accused officer, Sujathamma and her children. No files seized from house of A.O at Ashok Nagar, Amalapuram under Ext.P.110/Inventory
Report and at house in Tada, Nellore District under Ext.P.103/Inventory Report. No attempt was made to explain Why personal and important files including I.T returns,
PAN Card, Cheque books, passbooks, bank documents and registered documents including medical bills of A.O and children of Sujathamma were found in that house during search under Ext.P.99.
No Protest during search or upon serving copy of Ext.P.99:
126. Curiously, though Ex.P.99 inventory report at many places and column No.7 of Ex.P.98 search list with regard to Jasmine house at Narasaraopeta clearly mentions Sujathamma as 2nd wife of accused officer and her children as children of accused officer and her mother as motherinlaw of accused officer and in Gold items found one of the Items was described as Nallapoosala Chain presented by motherinlaw at the time of marriage and another item was described as her sutrams and though accused officer and said Sujathamma were present throughout the search proceedings and accused officer was served with copy of Ex.P.99 as per the endorsement made by him with signature at last page of Ex.P.99, no protest was made at any time regarding the mention of status of Sujathamma and her children as wife and children of accused officer. If really they are her gold ornaments as 40
alleged, she ought not to have kept quiet for searching the house and listing
them in Ext.P.99 and handing over of the same to A.O. Hence, the said conduct of Sujathamma is against the behaviour of ordinary and prudent person. The very silence on her part althrough the search itself shows that she was consenting party for the same.
Ext.P.35/Bank Deposits:
127. The next important document in this connection is Ex.P.35 which is the reply letter addressed by Branch Manager ING Vysya Bank Limited, Amalapuram to the
Range Inspector ACB furnishing the particulars of term deposits by enclosing the
Photostat copies of 4 applications for the deposits. In first, second and fourth applications for the deposits made in the name of accused officer enclosed to
Ex.P.35 in nominee column, at page 2 nominee's name is mentioned as Sujathamma and relationship of nominee with accused officer is mentioned as wife. Though
Manager of ING Vysya Bank through whom Ex.P.55 was examined in this
connection, nothing adverse to the said nomination made by accused officer in
the name of Sujathamma as wife was suggested. Hence the said nomination details and relationship of the said Sujathamma as nominee in the own applications for fixed deposits made by accused officer on 08.07.2002, 03.04.2002 and 03.04.2002 for the said 3 applications remained unchallenged.
LIC Policies and name of Sujathamma as Nominee:
128. Next focus must be on Exts.P.84 to P.89 in this connection. Ext.P.84 marked through PW.24 is reply letter dated 27.01.2003 addressed by Branch Manager, LIC of India, Ravulapalem to the Range InspectorI, ACB furnishing the status reports and premium history for the policy Nos.801730529, 801724951, 801722802, 801739968. Out of them Ext.P.86 and P.89 status reports regarding policy
No.801722802 and Policy No. 801724931 clearly mentions that they stood in the 41 name of accused officer and name of nominee is Smt. Sujathamma and relationship with policy holder i.e., accused officer as wife.
129. Regarding Exts.P.35 bank deposits, Ext.P.86 and Ext.P.89 accused officer contend that prosecuting agency has been trying to confuse the issue and mislead the court and nominee under any insurance policy is only authorized to receive the proceeds and hold it in trust for the legal representatives or the insured and has no right to enjoy the proceeds obtained from the policy as per settled law and as such, nominee mentioned in Exts.P.35, 86 and 89 is only entitled to receive proceeds from the bank and cannot use the same for her benefit.
130. In reply to the same, learned Spl.P.P fairly submitted that through these exhibits, endeavour of the prosecution is only to establish relationship as accused officer denied his relationship with Smt.Sujathamma and the very mention of
Smt.Sujathamma as wife of accused officer by A.O himself under Exts.P.35 and 86 and mentioning A.O as her husband by Sujathamma, in her policy under Ext.P.89 in the respective columns and giving same address for both accused officer and
Sujathamma in Exts.P.35, 86 and 89 further establish the relationship of accused officer with Sujathamma.
131. As contended by prosecution, issue in this case is not about rights and duties of nominee under policies. The very mention of Sujathamma as nominee and
wife in the policies of A.O and A.O as husband in the policies of Sujathamma
and giving same address by both A.O and Sujathamma in their policies
establish that even in official correspondence they themselves declared their
relationship as husband and wife.
132. Ext.P.10 is registration extract of settlement deed dated 17.02.2000 executed by mother of accused officer namely Lakshminarayanamma in favour of
Smt.Sujathamma. The recitals in this document which is only 3 years prior to the searches and inventories under Ext.P.99 assumes lot of significance. In descriptive 42 portion of the parties Sujathamma is described as wife of accused officer. This
document was executed by no other than mother of accused officer.
Interestingly, accused officer and his father figured as attestors as well as
identifying witnesses in this document. Hence, to the knowledge of accused officer, his mother and Smt. Sujathamma in registered public document
Sujathamma was described as wife of accused officer by mother of accused officer herself. Be that as it may, in recitals regarding the relationship of Sujathamma with mother of A.O., it is clearly mentioned that Sujathamma is no other than her daughterinlaw and wife of her eldest son. The relevant recitals are as follows:
“నవ న జషష కమరరన యకక భరరవనర నక కడలర అయఉననవ. నయయదర నక గల పపమ చతనర పపమయ పపతఫలమరగ యయచరకన నక కయత ససరసపన చయదచయవలనన ఉదదశరమరత ననర............ నపర ఈ దన శటల మయటర దసపవజ వవయయచ ఇవవడమమనద.”
133. Under this document Smt. Sujathamma was given 580 sq. yards of site in
Samanasa Gram Panchayat, Amalapuram Rural Mandal.
Age of Sujathamma:
134. Another important fact is in descriptive portion of parties to the document age of Smt. Sujathamma is mentioned as 35. In Ex.P.35 application for fixed deposit made by accused officer dated 08.07.2002 mentioned supra age of nominee
Sujathamma is noted as 36 years and Rs.1,00,000/ was to be fixed for a period of 5 years. The aforementioned age details of Sujathamma mentioned in Ex.P.35 and
Ex.P.10 are also almost tallied.
Ext.P.141(Ext.P.16) Registered Sale Deed:
135. This is original registered sale deed dated 14.10.1999 which is nearly 3 ½ years prior to searches executed by 3rd parties in favour of minors Sri Lakshmi aged 5 years and Chandana aged 3 years. They are clearly described as daughters of 43
accused officer represented by father of accused officer namely
Narayanamurthy. Even Narayanamurthy is described as grandfather of
minors. There is no dispute that these minors are children of Sujathamma. The aforementioned recitals of purchasing property in the names of minor daughters mentioning the accused officer as their father and father of A.O as their guardian itself shows the approval of children of accused officer through Smt. Sujathamma as own children of accused officer and grandchildren of father of accused officer.
Ext.P.120 file and Ext.P.151 Sterilization Certificate:
136. This file was seized according to PW.31/ Investigating Officer from the house of accused officer bearing door No.1176/4 wherein search party found accused officer, Smt. Sujathamma, her mother and children as per Ext.P.99. In this made up file which contains several miscellaneous receipts, Special P.P. laid focus upon
Ex.P.151 Sterilization certificate dated 08.05.1997 issued by Medical Officer R.D.T.
Hospital, Ananthapur. Contents in the said document are as follows:
“We herewith certify that Smt. P. Sujatha, W/o. P. Ganapathirao has undergone Tubectomy operation on 08.05.1997. She is having nil male children and two female children at the time of operation. In the left top portion serial number is mentioned as 330, I.P. number is mentioned as 50”.
137. Learned Spl. P.P. vehemently submitted that the aforementioned
Ex.P.151/Sterilization certificate clinchingly shows that Smt. P. Sujathamma is wife of accused officer and she had two daughters through accused officer and she underwent Tubectomy operation on 08.05.1997 in R.D.T. Center, Ananthapur which strengthens the case of prosecution.
138. Inter alia, learned counsel for accused officer canvassed that on the face of it
Ex.P.151 mentions the name of person who underwent Tubectamy as P.Sujatha and her husband name as P.Ganapathi Rao since A.O is being prosecuted in the name of 44
P.R.K.S.S.V.Ganapathi Rao and he married one Settibalija Sujathamma according to prosecution, question of connecting accused officer with Ex.P.151 does not arise in the absence of examining person who issued Ext.P.151.
139. In the light of the aforementioned contention, a careful scrutiny of Exs.P.10,
P.35, P.86, P.89, P.16name of Sujathamma is mentioned as P.Sujathamma, wife of accused officer. Be that as it may, at Page 37, P.W.31/I.O answered the question as follows in this connection.
“Question: As per record you have mentioned the name of alleged second wife of accused officer is Settipalli Sujathamma. Is that so?
Ans: At some places we have mentioned the name as Settipalli Sujathamma as it is her maiden surname. At some places she was described as Peyyala Sujathamma”.
140. In view of the clear answer given by P.W.31/Investigating Officer about mentioning her name as Settipalli Sujathamma at some places as it was maiden surname and at other places of the record as Peyyala Sujatha lends support to the version of prosecution that P.Sujathamma is no other than Sujathamma, who was present during the search of Jasmine house at Narasaraopeta and described as wife of Ganapathirao under Ext.P.99.
141. On the top of it, Ext.P.120/made up file which contains Ext.P.151 was admittedly seized from Jasmine house wherein A.O and Sujathamma were present.
The very custody of Ext.P.151 with A.O himself speaks volumes about close intimacy between A.O and Sujathamma. In the light of this, I see no force in defence plea that A.O is no way connected with the same merely because his name
P.R.K.S.S.B.Ganapathi Rao is shortly mentioned as P.Ganapathi Rao in Ext.P.151.
Ext.P.154:
142. Investigating Officer received summons under Ext.P.154 from Disciplinary
Authority to attend enquiry on 26062018. Prosecution contend that the said enquiry against A.O in connection with second marriage of A.O with Sujathamma and nonobtaining of prior permission for purchase on sale of property itself shows 45 his illegal marriage and intimacy with Sujathamma. There is no denial about
Disciplinary Enquiry against A.O with regard to the said aspect.
Exts.P.152, 153 and Payment of education fee to children of Sujathamma by
A.O:
143. This file contains two letters dated 12.06.2003 and 23.10.2003 addressed by
Head Master of Hindu English Medium School, Narasaraopet to the Range Inspector,
ACB. In first letter dated 12.06.2003 the Head Master of the school had given fee particulars regarding the students P.Srilakshmi for the 2nd class and P.Lakshmi
Meghana for UKG and it is clearly mentioned that accused officer paid fee mentioned therein to the school and the said particulars were furnished after thorough verification of the records. As per the 2nd letter dated 23.10.2003 the Head
Master of the school had given the particulars of fee paid by accused officer for the student Peyyala Siri Chandana for LKG and for Peyyalla Srilakshmi Meghana for
UKG and date of birth of Siri Chandana and Srilakshmi Meghanaare mentioned as 04.05.1998 and 08.08.1995 respectively.
144. By focusing upon these two letters in made up file, learned Spl.P.P.
vehemently submitted that contents in the said letters clearly shows that accused officer himself paid fee for the education of his children through Smt. Sujathamma.
145. Learned counsel for accused officer contended that Exs.P.152 and 153 reply letters dated 23102003 regarding the alleged payment of education fee by accused officer to his children and also to the children of P.Sujathamma cannot be considered as the said replies were given simply by person working in a private school and not examined before the court to prove their contents and as such, it cannot be used against accused officer.
146. In this connection Exs.P.152 and 153 shows that they were issued by Head
Master, Hindu High School, Navodaya Nagar, Narasaraopeta on printed letter head of the school by affixing the stamp as Head Master of the said school under his 46 signatures. Hence, it is not that Exts.P.152 and 153 were issued by a mere clerk or other staff. On the other hand, they were issued by thethen head of the school.
Both Exts.P.152 and 153 are manual replies containing the details of tuition fee paid in respect of P.Srilakshmi and P.Lakshmi Meghana under Ext.P.152 and
Peyyala Srichandra and Peyyala Sri Lakshmi Meghana under Ext.P.153. Further, in the last para of Ext.P.153 it is clearly mentioned that the said information is true and given on verification of records of the school and name of father of the two students referred to therein is P.R.K.S.B.Ganapathi Rao. Even in Ext.P.152 under the fee particulars it is clearly mentioned that Sri Ganapathi Rao paid fee and the said details were checked and verified thoroughly before giving the same. There is no evidence on record as to who paid the school fee under Exts.P.152 and 153 if not
A.O and A.O did not make any endeavour to explain the same. There is absolutely no necessity for deliberately issuing Exts.P.152 and 153 with false contents to cause loss to A.O. No oblique motive can be attributed to the third party who issued them.
Though person who issued Exts.P.152 and P.153 was not examined, they cannot be rejected since Ext.P.141 registered sale deed dt.141099 clearly described them as daughters of A.O and even Ext.P.152 and P.153 also mentions that they are daughters of A.O and he paid fees for their education. There is no dispute regarding existence and execution of Ext.P.141 sale deed in favour of minor children describing them as children of A.O and grand children of father of A.O. As mentioned supra, accused officer also did not come forward with any version in respect of Exts.P.152 and 153 except making general denial. Since the circumstances mentioned supra shows that accused officer has been in livein relationship with P.Sujathamma and through her, he got two children as contended by prosecution payment of fee under Exts.P.152 and 153 by accused officer need not be doubted. As per Ext.P.153 the two students mentioned therein were described as daughters of accused officer as per school records. Description of Srilakshmi, Aged 5 years, Chandana, Aged 3 years in Ext.P.141 Sale deed dt.14101999 as 47 daughters of accused officer and grand children of his father P.Narayanamurthy further strengthens Ext.P.153.
Medical bills and receipts of A.O and children of Sujathamma:
147. During the search under Ext.P.99 Inventory Report in the made up files seized from Jasmine house, Narasaraopet, wherein A.O, Sujathamma, her mother and children were found the very keeping of hospital bills issued by Apollo Hospitals,
Chennai regarding treatment of Chandana i.e., daughter of A.O through
Sujathamma and also A.O in Ext.P.18 further leaves no doubt regarding the status of Sujathamma and her children through A.O.
148. No doubt marrying again during the subsistence of marriage is illegal. Under the aforementioned circumstances without any hesitation it can be said that there is unimpeachable evidence on record regarding livein relationship between A.O and
Sujathamma and children born through the said relationship and recognition and approval of this relationship very well even by parents of A.O and Sujathamma as mentioned in the foregoing paragraphs.
Financial resources of Sujathamma and her parents:
149. It is the specific case of prosecution that by the time of A.O developing illegal intimacy with Sujathamma during his tenure at Kurnool though Sujathamma was working as Nurse after he married her or kept her as his 2nd wife, she did not do any job and she remained only as housewife for all these years and she and her parents have no properties and sources of income of any kind and Sujathamma and her children remained as dependents upon the income of A.O. It is further case of prosecution that Items 11, 14, 17 and 16 were purchased by A.O himself in the names of Sujathamma and her children and he constructed house for the site covered under Ext.P.10/settlement deed which was gifted by mother of A.O to
Sujathamma by describing her as wife of A.O and her daughterinlaw. Inspite of the said specific case of prosecution and material on record, though A.O was given statutory notice to explain about these assets along with other assets in Ext.P.148 48 explanation given by A.O almost by taking long time of one year, he did not whisper about any sources of Sujathamma and her parents to purchase these items.
Surprisingly A.O simply mentioned that these items are not his properties without coming forward with any sort of explanation in this connection. Even there is no effort on the part of Sujathamma or her parents to deny the said version of prosecution about purchase of the said properties by A.O himself and with their own sources of income, they purchased these properties. On the other hand,
Sujathamma was silent althrough from the date of searches till this day i.e., for the long period of 16 years which is against the human nature when serious allegations were made about her status and parentage of her children. On the other hand, there is voluminous record as explained above to show that she was always treated
as 2nd wife of A.O and the two children were born to Sujathamma through A.O and
A.O kept her and her children in a separate house and he used to keep the confidential files in that house. Under the aforementioned circumstances as there is absolutely no contra evidence on these aspects, the version of prosecution that A.O himself purchased all these items can be safely taken into consideration.
In this backdrop, Items 11, 14, 16, 17 and 22 are to be discussed.
Item No.11:
150. Item No.11 is described as vacant site of 270.55 sq.yards along with R.C.C building bearing D.No.5457 in Arigelapalem Area, Gramakantham, Amalapuram
Town of value Rs.3,60,000/. In this connection, prosecution examined P.W.1/Sub
Registrar and got marked Ext.P.6 certified copy of sale deed bearing Doc.No.1899, dt.22062000 in favour of S.Sujathamma. A.O contend that the recitals in this document disprove the case of prosecution that A.O purchased the said property in the name of Sujathamma and as such this item is liable to be deleted from the list of assets.
151. The first and foremost point in this connection is Ext.P.134 which is original of Ext.P.6 was seized from the house of father of A.O. As contended by prosecution 49 though A.O disowned the property, Sujathamma or her parents have no sources to purchase the property and she is totally dependent upon A.O and she has been in livein relationship with A.O as per the evidence on record and as such, value of this item is to be added as asset of A.O.
152. Though prosecution alleged so much about status of Sujathamma and her children and that she and her parents have no sources of income at all, no attempt was made by either Sujathamma or her parents to prove their sources primafacie and deny the alleged status as 2nd wife of A.O. The very silence on the part of
Sujathamma though as per documents discussed above and material on record, she is described by A.O as his wife and by parents of A.O as wife of A.O and their daughterinlaw and gifted property to her and purchased property in the names of children born through her and A.O by describing them as grand children shows her active consent and cooperation for the said acts.
153. Admittedly Ext.P.134 was seized from the house of father of A.O. Though as per recitals of this document mother of Sujathamma namely Kamalamma supplied entire sale consideration of Rs.3,60,000/ at the time of execution of sale deed, in the absence of any such evidence since Sujathamma and her mother have no sources of income and Sujathamma is only a dependant upon A.O as mentioned in the foregoing paras, it cannot be believed.
154. When prosecution strongly denied the sources of income of mother of
Sujathamma and contend that recitals regarding payment of consideration by mother are nominal and false, no evidence was let in contrary to the same. On the other hand, conduct of A.O, Sujathamma and her mother in keeping long silence and not choosing to come forward with any definite stand on this point by A.O though it is necessary speaks volumes about truth or otherwise of the said recital regarding payment of consideration in Ext.P.134.
155. According to A.O Ext.P.134 shows the address particulars of Sujathamma as daughter of Settibalija Adinarayana, R/o.Chalamayyagaripalli, Ananthapuram 50
District and this document was seized from the house of father of A.O during searches. In Ext.P.10 gift deed dated 17022000 which is four months prior to
Ext.P.6, Sujathamma is described as wife of A.O and daughterinlaw of donar and in Ext.P.116 which is eight months prior to Ext.P.6 children of Sujathamma are described as children of A.O and grand children of his father. The fact of seizure of
Ext.P.134 and Ext.P.16 from the house of father of A.O during searches weakens the defence plea that Sujathamma who is described as resident of Ananthapuram
District as daughter of Adinarayana had purchased this property. In fact, A.O should explain the custody of Ext.P.134 and Ext.P.16 with his own father at
Amalapuram, E.G.District instead of custody with Sujathamma at Ananthapur
District if transaction is true and A.O did not purchase this property in the binami name of Sujathamma. On the other hand, the very seizure of this document from the father's house of A.O during searches and silence on the part of Sujathamma throughout the searches themselves speak intention of A.O keeping this document and Ext.P.16 in top secret manner in the custody of his father and reflects closeness between Sujathamma, A.O and his father. Otherwise, there cannot be any connection in between Sujathamma of Ananthapur District and A.O and his father of Amalapuram Mandal, East Godavari District. Further, there will not be any occasion to have access to the document and keep the said document in the custody of father of A.O when he admittedly did not purchase this item. Whereas, A.O has been in livein relationship with her to the extent of keeping her in separate house wherein he kept his important files and official phone connection though in the same town his wife has been living in another house and got lot of affection towards her and children through her and capable of purchasing properties.
156. The principles and guidelines deduced from the cited precedents
regarding benami nature of transactions are only enumerative and not
exhaustive and their application to the facts and circumstances of each case
should be strictly contextual but not mechanical. More so, when intelligent 51
person does the transaction with intention of suppressing the actual purchase
in his name.
157. The circumstances as explained above clinchingly shows binami nature of transaction and purchase of site by A.O himself in the name of Sujathamma.
Hence, value of this item is to be taken as Rs.3,60,000/ as reflected in Ext.P.6 sale deed and this item is to be considered as the asset of A.O.
Item No.14:
158. It is described as undivided 1/33rd share of 30 yards out of 823 sq.yards in
S.No.441/7 situated in Amalapuram of value Rs.4,75,000/. In this connection
P.W.31 deposed that under the original of Ext.P.8 document A.O purchased this undivided share in the site and got constructed residential flat bearing No.205 in 2nd floor, Ramachandra Towers in that site in the name of his 2nd wife Sujathamma for a consideration of Rs.4,50,000/ and including value of the site Rs.25,000/ the total amount is Rs.4,75,000/. In this connection, A.O contend that there is absolutely no evidence to show that A.O purchased the said flat in the name of Sujathamma and as such, this item is liable to be deleted.
159. Ext.P.8 certified copy of sale deed dt.10052001 in favour of Settibalija
Sujathamma in respect of this item shows that consideration of Rs.25,500/ in respect of the site was already paid to the vendor. This document is only in respect of 1/33rd undivided share in 850 sq.yards. There is no document with building in respect of Flat No.205 in the said site in 2nd floor of Ramachandra Towers. As mentioned supra, since Sujathamma as per material on record is only dependent upon A.O and does not have any source of income other than that of A.O, it cannot be said that she purchased the said site. Hence, the circumstances mentioned supra shows that A.O himself purchased this property in the name of Sujathamma due to his livein relationship with her which was recognized by his parents and they used to call her as daughterinlaw and children through her as grand 52 children. Hence, value of this item is taken only as Rs.25,000/ and added to the assets of A.O.
Item No.17:
160. It is described as site of 157 sq.yards in S.No.792/2A at Kamanagaruvu,
Amalapuram Mandal of value Rs.15,000/. In this connection, prosecution got marked Ext.P.11 certified copy of document bearing No.4639/98 dated 141298 in favour of Sujathamma. A.O contended that as this asset stood in the name of
Sujathamma it is liable to be deleted from the assets of A.O and as per recitals of
Ext.P.11 sale consideration of Rs.15,000/ was paid in cash by father of
Sujathamma.
161. Exts.P.6, 8 and 11 which are in favour of Sujathamma are dated 22062000, 10052001 and 14121998 respectively and in all the three documents she is described as daughter of Adinarayana only and her marital status is suppressed deliberately. Exts.P.10 and P.16 documents described her as wife of A.O and her children as children of A.O born through her.
162. Though Ext.P.10 gift deed in favour of Sujathamma in respect of R.C.C roofed building in Rangapuram village by mother of A.O on 17022000 described
Sujathamma as wife of A.O and daughterinlaw of the donar and out of affection towards her daughterinlaw she gifted the said property and Ext.P.16 sale deed describes her daughters as children of A.O through her and grand children of father of A.O, there is no denial as to the said status and acceptance of gift under Ext.P.10.
In addition to that, this legal battle is going on from 2003 onwards and she was admittedly present in Jasmine House along with A.O and her mother at the time when the searches were conducted under Ext.P.99 and she was described as 2nd wife of A.O in Ext.P.99 copy of which was served upon. Inspite of the same,there was no protest from A.O and Sujathamma as mentioned supra. Hence, it cannot be said that she has no knowledge about this litigation and the said gift deed. The very 53 silence on her part throughout when she has to seriously deny status of herself and her children and property particulars if they are false itself lends support to the case of prosecution regarding benami nature of the transactions covered under these items.
163. The aforementioned circumstances show that description of Sujathamma as daughter of Adinarayana, R/o.Ananthapur District suppressing her actual status and address and recital of payment of consideration by father of A.O are deliberately mentioned in Ext.P.11 though A.O purchased the same in the name of Sujathamma.
Hence, value of this item of Rs.15,000/ can be safely taken as asset of A.O.
Item No.16:
164. This is described as R.C.C.roof building in S.No.72/4 in Samanasa Village,
Amalapuram Mandal constructed in the name of Smt.Sujathamma in the year 2000 01 and the value is Rs.5,02,000/. In this connection, prosecution contend that mother of A.O gifted 580 sq.yards of house site in S.No.72/4 under the original of
Ext.P.10 in the name of 2nd wife of A.O namely Sujathamma and subsequently in the year 200001 A.O constructed R.C.C building in the said site in the name of his 2nd wife Smt.Sujathamma and P.W.12/Deputy Director Engineering inspected this property and given value of this building as Rs.5,02,000/ under Ext.P.54. A.O denied the same.
165. As mentioned supra, Ext.P.10 certified copy of gift deed dt.17022000 executed by mother of A.O in favour of Sujathamma which described her as wife of
A.O and her daughterinlaw it is recited that she purchased this property on 0602 1968 under registered Doc.No.510/1968 and as such, she became owner of this property. At Page No.2 it is mentioned that she reserved life estate and enjoy income from the property and after her lifetime property covered under this document is to be taken possession with absolute estate. Only site was gifted under this document.
Even P.W.31/I.O admits that under Ext.P.10 the settler has to enjoy the property during her lifetime. Hence, the recitals in Ext.P.10 leaves no doubt that mother of 54
A.O was absolute owner of the property having purchased the same with her
Stridhana funds way back in the year 1968 under registered document she was absolute owner and possessor of the same by the date of Ext.P.10 and A.O did not purchase the same.
166. Accused officer or Sujathamma did not contend that original of Ex.P.10 is a fake or nominal settlement deed brought into existence for any specific purpose.
Accused officer simply contends that he is not concerned with the said settlement deed as it was not given to him and he did not explain about the said property.
Even Sujathamma who is donee under this document and mother of accused officer who is settler under this document did not deny the execution and existence of the said settlement deed. Further, as per Ex.D.26 death certificate, mother of accused officer died on 13032012 and charge sheet was filed in 2006 itself and this case was registered in the year 2008 and accused officer was given statutory notice and when accused officer did not issue explanation, reminder was given on 08122003.
The property covered under Ex.P.10 is Item No.16 of assets and accused officer disowned the said item in his explanation. Hence, it is not that mother of accused officer does not know anything about this case, investigation and issuing of statutory notice and reminders directing accused officer to explain about all these items. Hence, it shows that mother of accused officer was consenting party all through till her death in 2012 and did not raise her voice at any time. Even
Sujathamma, who is a donee under Ex.P.10 did not raise her voice denying the same till now. As per the recitals in Ext.P.10 since settler reserved life estate and she was alive admittedly till 2012, the donee/Sujathamma under Ext.P.10 do not get absolute ownership in the site covered under Ext.P.10 till 2012.
167. That apart Ext.D.6 contains the house tax particulars for the house in the site covered under Ext.P.10 from the year 199899. As per Ext.D.6 letter, mother of A.O has been paying house tax for the building existing in this site till 201112 i.e., till her death.
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168. The mere payment of house tax by Narayanamma do not lead to any inference that she herself constructed house with her own funds in that site since tax can be paid even by others in her name.
169. Regarding alleged construction of house in this item in the year 200001 by
A.O., P.W.31/I.O clearly deposed that from the bill issued Satish Timbers dated 02 042000 stood in the name of A.O, for total amount of this bill is Rs.54,415/ and cash bill issued by Kanigicherla Satyanarayana, Iron and Hardware merchants in the name of father of A.O, dated 13122000 for Rs.2,593.50 p.s., seized from the house of A.O at Narasaraopet under made up file Ext.P.120 he concluded that A.O spent amount for this building. He denied the suggestion that Ext.P.120 made up file was concocted and this item was deliberately tagged on to the assets of A.O.
170. Except the bill issued by Satish Timbers dated 02042000 in the name of A.O even according to P.W.31 other bill is not in the name of A.O and with these two bills it cannot be said that A.O himself constructed the said house under the site gifted to
Sujathamma under Ext.P.10 gift deed wherein admittedly mother of A.O reserved life estate and paid house taxes till her death in the year 2012 as per Ext.D.26.
Further, there is no investigation regarding construction of this house with the own funds of A.O except the said two bills in Ext.P.120 made up file and even mother of
A.O was not examined and cited as witness in this connection though she was alive till 2012. Hence, the case of prosecution that Item No.16 house was constructed by
A.O in the name of Sujathamma is not supported by any evidence. Hence, this item and its value are deleted.
Item No.22(Stood in the names of minor children):
171. It is described as Ac.132 ½ cents of land in Samanasa, Amalapuram Rural
Mandal of value Rs.1,50,000/. In this connection, A.O got marked Ext.P.16 sale deed bearing Doc.No.3224/99, dated 14101999. According to prosecution A.O purchased the same in the name of his minor daughters Srilakshmi and Chandana born through his 2nd wife Sujathamma and shown his father Narayana Murthy as 56 their guardian. Admittedly in the document Srilakshmi and Chandana are described as children of A.O aged 5 and 3 years respectively, represented by their paternal grandfather Narayana Murthy and due to the tender age of the children it cannot be said that they got resources to purchase the said property for a consideration of Rs.1,50,000/.
172. In this connection, P.W.31 deposed that the property covered under Ext.P.16 is in possession of A.O and his father was supervising the agricultural operations in that land. Recitals of this document vaguely mentions that sale consideration of
Rs.1,50,000/ was given at the time of execution. Who paid the amount is not specified. A.O contend that the aforementioned recitals in the document should be treated as payment of sale consideration by father of A.O and in Exts.D.3 to D.6 income tax returns, his father has been showing agriculture income on this land and as such, this item is to be treated as gift of father of A.O in favour of the minors
Srilakshmi and Chandana and liable to be deleted from the list of assets.
173. On the face of this document since it stood in the names of Srilakshmi and
Chandana as minors, there cannot be any doubt that this property belongs to them.
Simply because they were minors and represented by their paternal grandfather, it cannot be said that this is the own property of father of A.O and he had shown this income as his own in I.T returns. Further, in Exts. D.3 to D.6 I.T returns, father of
A.O never mentioned that he had shown agricultural income on this item as guardian of the said minors. In the absence of any such specification, if father of
A.O shows merely agricultural income in his I.T returns, it cannot be treated as income on this item. Hence, there is no force in the said contention of A.O. Further,
Exts.P.16, 10, 6, 8 and 11 shows that from 1996 to 2001 there were many purchases in the names of Sujathamma and her children.
174. It is apposite to note that Sujathamma also never denied the status of children in Ext.P.16 as daughters of A.O or her daughters. Inspite of prosecution filing evidence in respect of fee paid by A.O for their education and Tubectamy operation 57 undergone by Sujathamma as mentioned in Ext.P.151, she did not deny any of the crucial aspects either regarding her own status, her relation with A.O or relationship of her children with A.O. Hence, there cannot be any semblance of doubt regarding status of minor children as children of A.O born through
Smt.Sujathamma.
175. Father of A.O has no financial capacity as mentioned supra to purchase items in the names of himself, his wife and this site in the names of minors. It is so strange that father of A.O purchased property in the names of children of
Sujathamma who according to A.O are no way connected with their family. There is absolutely no necessity for father of A.O to spend his substantial amounts for purchase of property in the names of children of Sujathamma. Added to this, father of A.O had no resources enough to purchase so many items of property including this as discussed in the foregoing paras.
176. As per material on record copy of Ext.P.16 was found during searches in the made up file relating to documents in the house of father of A.O. There is absolutely no necessity for father of A.O either to purchase this property in the names of utter strangers and to keep the document in his custody. This fact shows keeping this document by A.O with his father to maintain secrecy as it was not declared to his department.
177. Under the aforementioned circumstances, there cannot be any doubt regarding purchase of this site by A.O in the names of his minor children through
Sujathamma by merely showing his father's name as their guardian and paternal grandfather. Hence, case of prosecution that even this item was purchased by
A.O in the names of his children can be safely accepted and this item of value
Rs.1,50,000/ can be tagged on to the assets of A.O.
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Items 30 and 31:
178. In the light of the discussion mentioned supra, it would be convenient and apt to discuss Items 30 and 31 also at this juncture as they are connected with gold and silver items of Sujathamma, A.O and his wife.
179. Item No.30 is described as household articles of A.O at Narasaraopeta, Thada and Amalapuram of value Rs.2,92,054/. In this connection, prosecution contend that during house searches the household articles found in the houses of A.O's 1st and 2nd wives at Narasaraopet in the presence of mediators vide Exts.P.99 and 103 amounting to Rs.2,92,054/ is to be considered as asset of A.O and year of acquisition and values in the mediator reports were given by A.O and his wives separately in the presence of mediators and even gold and silver items covered under Item No.31 were found in the house of 2nd wife of A.O at Narasaraopet during house search and year of acquisition and values were stated by them and appraiser valued the same as Rs.1,00,000/ in the presence of mediators and mentioned in
Ext.P.99.
180. As per Ex.P.99 and testimonies of PW.28 and PW.31 during search of Jasmine house bearing door No. 1776/4, Narasaraopet in the presence of mediators accused officer, Smt. Sujathamma, his wife and her two children were found, 13 made up files were seized and articles were listed under cover of search list and inventory list and both accused officer and the said Sujathamma were present throughout the search and they furnished information regarding year of acquisition and cost of articles found in the residenceas mentioned in the mediator report.
181. Admittedly after search of that house the same search party along with accused officer visited the another house of accused officer bearing door No.129 42/2 at Prakashnagar, Narasaraopet and conducted the search of house from 3.15
PM to 4.30 PM and accused officer and his wife Smt.Vijayalakshmi were present during the said search and incriminating material was found in that house.
Thereafter the same search party along with accused officer though visited the office 59 of accused officer in Narasaraopet and conducted search no incriminating documents were seized.
182. In addition to that admittedly search party headed by Sri S.Nageswararao,
Inspector, ACB, Nellore and staff went for accused officer's rent house door No.1 26A, Tada, Nellore district, it was found locked and owner of the said house who was examined in the presence of the mediators stated that accused officer was transferred from Tada to Narasaraopet about 8 months back and he resided in that house as tenant on monthly rent of Rs.1300/ and during the search of the said house, after opening the sealed lock on 24.01.2003 in the presence of accused officer, inventory of articles found in the house was prepared and one made up file was seized.
183. On 23.01.2003 District Inspector Kakinada Sri I.Trinadharao and staff conducted search of the house bearing door No.590 and 582 of Sri
P.Narayanamurthy, father of accused officer at Samanasa village, Amalapuram mandal in the presence of two mediators and during the said search, 7 made up files were prepared and seized under cover of search list.
184. Regarding this Item No.30, prosecution examined P.W.28 and P.W.31 and got marked Ex.P.99 and P.103 mediator reports in respect of search of houses.
185. The defence plea in this connection is all the household articles valued by the prosecuting agency were found in the premises bearing door No.1176/4 Jasmine
House, Narasaraopet, Guntur district and the said house was taken on lease by S.
Sujathamma from the owner of the building and she was not cited to speak about his ownership and name of tenant and household articles found in the premises taken by Sujathamma cannot be said to be the household articles of accused officer and as such this item and value of Rs.2,92,054/ are liable to be deleted.
186. PW.31/ Investigating Officer deposed at page No.28 that P.W.28 mentioned the price and year of acquisition of household articles as stated by accused officer 60 and his wife and he did not verify the said particulars. No suggestion was given to the Investigating Officer that household articles in the house bearing door No.117 6/4 cannot be tagged on to the assets of accused officer and they were purchased by
Smt. S.Sujathamma for the first time the said plea is raised in written arguments.
187. Curiously a suggestion was given that house owner came at the time of preparing Ex.P.99 and stated that he let out the house to accused officer along with furniture and articles but the said fact was suppressed deliberately in Ex.P.99.
PW.28 denied the said suggestion.
188. From the aforementioned livein relationship between accused officer and
Sujathamma as mentioned in the foregoing paras and as per the material on record since Sujathamma is not having any sources of income, household articles are valued taken as assets of accused officer.
189. The aforementioned discussion leaves no doubt that all the household articles covered under Exts.99,100, 103 and 106 of the value Rs.2,92,054/ found in
D.Nos.1176/4, Jasmine House and at other houses at Narasaraopeta and Thada are the household articles of A.O.
Value of household articles arrived at based on Exts.P.99, P.100, P.103
and P.106 as Rs.2,92,054/ can be safely taken into consideration.
Item No.31:
190. This is described as gold and silver ornaments of value Rs.1,00,000/.
191. The defence in this connection is as per Ext.P.99 gold articles worth
Rs.63,230/ and silver articles worth Rs.13,500/ were found in the premises of
Sujathamma and she is the owner of the same and they should be deleted from the value of gold and silver mentioned in item No.31 of assets and gold chain found on the person of accused valued at Rs.8,800/ and gold found at the house of the 61 accused officer in Prakash Nagar Narasaraopeta, valued at Rs.4,200/ by IO totaling Rs.13,000/ should be taken into consideration.
192. There is no denial regarding the value of gold articles mentioned as
Rs.63,230/ and silver articles as Rs.13,200/ in Ext.P.99. The only objection is in respect of ownership of the said items. Investigating Officer/ PW.31 clearly mentioned in crossexamination at page No.28 that he ascertained the year of acquisition and price of gold of the respective years as stated by accused officer and his wife without verifying the particulars furnished by them. No suggestion was given to the Investigating Officer that gold articles worth Rs.63,230/ and silver articles worth Rs.13,500/ found in the house bearing door No.1176/4, (Jasmine
House) cannot be tagged on to the assets of accused officer. He was simply suggested that cost of the articles under this item is not more than Rs.50,000/ and value was inflated to Rs.1,00,000/.
193. P.W.28/mediator who noted the articles according to him roomwise in inventory report clearly deposed in chief examination that year of acquisition and values were furnished by accused officer and his wife and ACB Inspector took the services of gold appraiser, Lakshmi Kantharao for weighing the gold and silver articles and he noted the same. He strongly denied the suggestion that contents in
Ex.P.99 were scribed at the dictation of ACB officials and as such initials or signatures of gold appraiser and family members of accused officer were not obtained. At page No.3, he deposed that during search 2nd wife of accused officer stated that black beads chain was given by her mother at the time of marriage and dollar chain was given by her uncle, the said fact was mentioned in Ext.P.99 and accused officer informed the year of acquisition and weight of gold ornaments. As deposed by PW.28, in Ext.P.99 the two gifts i.e., dollar chain and black bead chain are clearly mentioned and their value was left blank and not taken into consideration.
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194. A.O cannot be a mute spectator when prosecution placed voluminous evidence about his illegal intimacy and relationship with Sujathamma and children born through her without raising any protest and explain the same. The very fact that
A.O had taken the Jasmine House wherein search was conducted under Ext.P.99 for rent four years prior to the search which remained unchallenged as discussed in the foregoing paragraphs and nongiving of any explanation as to how important documents belongs to A.O, Sujathamma and her children in that house speaks volumes about the truth or otherwise of defence version and strengthens the version of prosecution.
195. In this connection P.W.31 clearly deposed that the year of acquisition and price of Gold in the respective years were stated by A.O and his wife during searches and the same particulars are mentioned in Ext.P.99. Though in written arguments of A.O simply contended that Sujathamma is the owner of Gold articles worth
Rs.63,230/ and silver wear worth Rs.13,500/ found in her premises and she is owner of the same and they are liable to be deleted, no such suggestions were not given to P.W.31/I.O and P.W.28/Mediator under Ext.P.99. Even Ext.P.99 clearly mentions that particulars of year of acquisition and value are mentioned as per the information given by Sujathamma and A.O. Further, according to P.W.28/Mediator in whose presence Ext.P.99 inventory was taken at Jasmine house, Narasaraopet the 2nd wife of A.O stated that Black beeds chain was given by her mother at the time of marriage and dollar chain was given by her uncle and the same was mentioned in Ext.P.99.
196. Out of eight items of gold ornaments mentioned in Page 7 of Ext.P.99, value of two ornaments i.e., dollar chain allegedly gifted by uncle and Nalla poosalu chain allegedly gifted by her motherinlaw at the time of marriage were not mentioned according to the said information given by Sujathamma during the search as deposed by P.W.28/mediator. The remaining six items were acquired in the years 1995, 1997, 1998 and 2000 as per Ext.P.99. Further, at Page 8 three gold items 63 were listed on the ground that they were found on person of Sujathamma and their values are mentioned. For all the gold items, year of acquisition and values and weight are mentioned except for the alleged two gifted items. At the end of gold and silver items in Ext.P.99 it is clearly mentioned that presence of gold appraiser
Lakshmi Kantharao of Lakshmi Srinivasa Jewellary, Narasaraopet was secured and he weighed gold and silver items.
197. Further, at Page No.9 of Ext.P.99 it is clearly mentioned that gold and silver items were handed over to A.O under proper acknowledgment in the presence of mediators and throughout the searches A.O and his 2nd wife Sujathamma were present and they informed the value of each article and year of acquisition.
Admittedly copy of Ext.P.99 proceedings was served upon A.O and he endorsed in last page that he received copy containing ten pages. If really said Sujathamma is owner of alleged gold and silver wear, she ought to have raised protest then and there about listing of gold ornaments and silver wear in her house during search and handing over them to A.O under acknowledgment at that time.
198. On the other hand, the contents in Ext.P.99 clinchingly shows that she was consenting party althrough for the search covered under Ext.P.99 and without her information regarding the gift of dollar chain by her uncle and Nalla Poosala chain by her motherinlaw at the time of marriage, mediators cannot themselves write the said reason and delete their value in Ext.P.99. In view of strong bond and intimacy between A.O and Sujathamma as mentioned in the foregoing paras coupled with the fact that she is mere dependent upon A.O and there are no sources for her defence version cannot be accepted and version of prosecution can be safely taken into consideration. Inspite of mentioning her status as 2nd wife of A.O in the entire search proceedings under Ext.P.99 in the presence of ACB authorities and serving copy of the same to A.O soon after the search, she never raised any protest which falsifies the version of A.O.
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199. Regarding gold and silver items found at the house at Prakash Nagar,
Narasaraopet, there is no dispute.
200. In the light of the gold and silver items noted in Ext.P.99 in the presence of
Sujathamma and A.O upon the details given by them with regard to year of acquisition and their value by weighing the same with the help of gold appraiser
defence version cannot be accepted and prosecution has rightly taken the
value of these items as Rs.1,00,000/.
Items stood in the name of mother:
Items 15, 8 and 10:
Item No.15:
201. It is described as 174 sq.yards of site along with four shops in S.No.438/1 situated at Kusumanchivari Agraharam, Amalapuram of value Rs.6,35,000/. In this connection, it is the specific case of prosecution that A.O himself purchased this item of site under the original of Ext.P.9 registered sale deed in the name of his mother for Rs.6,35,000/ from Mudunuri Ramaraju and out of the sale consideration Rs.5,35,000/ was paid by A.O under Ext.P.38 cheque to his mother and Rs.1,10,000/ given to the mother of A.O under Ext.P.137 cheque issued by
Neelima/daughter of A.O and mother in turn gave cheque for consolidated amount towards sale consideration to the vendor Ramaraju under Ext.P.139 cheque and these transactions manifest that entire amount for purchase of the said property was supplied by A.O by himself and through his daughter Neelima.
202. A.O denied the supply of sale consideration under Ext.P.9 and purchase of property in the name of his mother.
203. In this connection, P.W.31/Investigating Officer deposed at Page 12 as follows.
“On 02.04.2002 accused officer purchased four shops in S.No.438/1 at
Kuchimanchivari Agraharam in the name of his mother under Doc.No.783/2002 of
S.R.O. Amalapuram and on document value is Rs.3,50,000/, whereas market value 65 is Rs.4,83,000/, Ext.P.9 is certified copy of sale deed, Ext.P.136 is original of
Ext.P.9. The S.R.O/P.W.1 has furnished certified copy of Ext.P.9 along with the letter Ext.P.1.
During the house search at the residential premises of accused officer and his father cheque books were seized. It revealed that on 08092001 daughter of accused officer issued cheque bearing No.761441 of Vysya Bank for Rs.1,10,000/ in favour of her grand mother. Ext.P.137 is the counter foil of cheque book and on 08092001 the accused officer issued cheque bearing No.776651 of Vysya Bank for
Rs.5,25,000/ in favour of his mother. Ext.P.138 is counter foil of the cheque. The mother of accused officer on 10092001 issued cheque bearing No.762481 of Vysya
Bank, Amalapuram for Rs.6,35,000/ in favour of vendor/M.Ramaraju. Ext.P.139 is the counter foil of cheque book”.
204. As deposed by P.W.31, Ext.P.137 is counter foil of cheque bearing No.761441 issued by Neelima, daughter of accused officer to mother of accused officer for
Rs.1,10,000/. Ext.P.138 shows counter foil of cheque bearing No.776651 for
Rs.5,25,000/ dated 08092001 issued by accused officer in favour of his mother and Ext.P.139 is counter foil of cheque beairng No. 762481 of Vysya Bank,
Amalapuram dated 10092001 for Rs.6,35,000/ given by accused officer to
M.Ramaraju/vendor under Ext.P.9. This clinchingly shows that on the very next day after crediting the amount into the account of mother of accused officer through
Exts.P.137 and 138 cheques, she issued this cheque for the total amount covered under Exts.P.137 and 138 to vendor under Ext.P.9.
205. There cannot be any more evidence than this to show benami nature of the transaction. The aforementioned discussion leaves no doubt about supply of entire sale consideration under Ext.P.9 by A.O to his mother as contended by prosecution.
Hence, this item of value Rs.6,35,000/ is considered as asset of A.O.
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Item Nos.8 and 10:
206. Item No.8 is described as vacant site of 333 sq.yards out of 773 sq.yards in
S.No.491/3 at College Road, Amalapuram of value Rs.3,25,000/. Item No.10 is described as vacant site of 1155 sq.yards in S.No.491/3 at College Road,
Amalapuram of value Rs. 5,00,000/.
207. With regard to these two items, prosecution contend that A.O himself purchased this site in the name of his mother under Ext.P.4 for Rs.3,25,000/ and under Ext.P.5 for Rs.5,00,000/ and mother of A.O has no capacity to purchase this property. Exts.P.132 and 133 are originals of Exts.P.4 and P.5 in respect of these two items. A.O denied the purchase of this property in the name of his mother.
208. In crossexamination at Page 22 with regard to these two items, P.W.31/I.O deposed that he seized Exts.P.132 and 133 in the house of father of A.O during searches. A.O contend that even according to I.O original documents in respect of these two items are found in the house of father of A.O during searches and they stood in the name of mother of A.O and as per recitals she paid sale consideration under them and there is no iota of evidence to show that A.O himself purchased these two items in the name of his mother.
209. Exts.P.132 and 133 in respect of sale deeds in these items are dated 0808 2001 and even document numbers are 2196/01 and 2197/01. Total sale consideration is Rs.8,25,000/. Material on record do not show sources sufficient to pay the said substantial consideration by mother of A.O. Admittedly she was housewife during the relevant time and not an income tax assessee. Father of A.O simply shown her agricultural income along with his income and alleged money lending income of himself and his wife and clearly explained in Ext.D.3 that regarding both incomes he maintained regular books of account as mentioned supra. But, no such regular books of account are placed on record by A.O.
210. Be that as it may, though mother of A.O was alive till 2012 and father of A.O was alive till the end of 2008, A.O did not come forward to file any evidence with 67 regard to the individual income of his parents though prosecution filed final report against him holding him liable for disproportionate assets and purchase of properties by him in the names of his parents etc. There is absolutely no evidence regarding the alleged income mentioned by father of A.O in Exts.D.3 to D.5 I.T returns. On the other hand, as mentioned supra, he himself mentioned a special note in one of those I.T returns that he started filing income tax returns only from assessment year 199899 and prior to that there was no taxable income to him.
Even in Exts.D.3 to D.5 he added income of himself with alleged agricultural income and money lending income of his wife. No evidence adduced as to the alleged money lending business and agricultural income etc. In the absence of any iota of evidence in respect of the alleged income of mother during the relevant years worth paying under these items, it cannot be said that she could purchase these two items on the same day.
211. Further, most of binami transactions and accused transactions are during the period 1998 to 2002. Even these two transactions are of the year 2001. Even according to A.O, his father started filing income tax returns only from the assessment year 199899 and he had no taxable income prior to that.
212. The total site covered under these two items at College Road, Amalapuram is 1488 sq.yards. Curiously father of A.O in Ext.D.4 office copy of statement of income for assessment year 200203 which covers the income from 01042001 to 3103 2002 along with enclosures tried to explain that he himself purchased the total site covered under Items 8 and 10 along with house bearing D.No.426 at College Road,
Amalapuram on 08082001 in the name of his wife Lakshmi Narayanamma and total cost of building and site is Rs.9,75,874/ and he met the said investment from sale proceeds of gold and silver and agricultural income of his wife and from the debts realized in money lending business and he declared even rent from this house in his total income. In statement of income he mentioned that sale proceeds he got from gold and silver items of his wife was Rs. 5,71,874/ and Rs.6,49,813/.
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213. Interestingly, even in Ext.D.3 office copy of statement of total income along with enclosures for the assessment year 200001 for the income from 01041999 to 31032000 father of A.O explained that he met part of cost of construction of Item
No.3 shopping complex of 14 shops in three floors from sale of gold ornaments of his wife.
214. Ext.D.4 office copy of I.T return for assessment year 200102 of father of A.O is subsequent to Ext.D.3 for assessment year 200001. When gold ornaments and silver of his wife were already sold according to him, he cannot mention the same reason in Ext.D.5 to explain the sources. Even otherwise, there is absolutely no evidence on record for the alleged sale of gold and silver of his wife. Hence, the alleged selling of gold and silver of his wife many times for purchase of items and construction of buildings cannot be believed without positive and cogent evidence.
215. In addition to that even according to his explanation in Ext.D.4 the cost of building and site allegedly purchased by him in the name of his wife is
Rs.9,75,874/ and as per Ext.D.3 cost of construction itself was Rs.15,00,000/ and sale consideration as per the registered sale deed in respect of Item No.3 site is
Rs.2,18,000/. Hence, the total cost of site and building covered under
Exts.D.3 and D.4 according to father of A.O himself is Rs.9,75,874/ +
Rs.15,00,000/ + Rs.2,18,000/ = Rs.26,93,874/.
216. According to prosecution value of Item No.3 itself is Rs.22,00,000/ excluding site and shopping complex in this item consists of 14 shops. The discussion mentioned supra regarding financial position of father of A.O itself shows that he cannot purchase sites and construct buildings with substantial value of
Rs.26,00,000/ to Rs.30,00,000/. Hence, Exts.D.3 and D.4 per se show that certainly mother of A.O did not purchase these items though Exts.P.132 and 133 stood in her name and explanation of father of A.O on the face of it found to be false and not substantiated by any evidence.
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217. Under the aforementioned circumstances mere seizure of Exts.P.132 and 133 from house of father of A.O do not lead to any inference that he alone purchased the property. For maintaining secrecy also document can be kept in the house of father instead of with A.O who was a public servant. Hence, in the peculiar circumstances and transactions of the own family members, the test of keeping document in the house of father in native place to maintain secrecy and not keeping a document with
A.O do not lead to any inference in support of the defence plea. Further, viewed in all angles, in the circumstances of the case and as per material on record without any hesitation the version of prosecution that A.O himself purchased items 8 and 10 in the name of his mother can be safely accepted. Hence, Items 8 and 10 and
their value as Rs.3,25,000/ and Rs.5,00,000/ respectively can be added as
assets of A.O.
218. In this factual scenario it is quite evident that prosecution has fairly taken the entire service of A.O i.e., from the date of joining in Health Department on 19 091990 till the date of searches on 26012003 and even cash balance of
Rs.1,37,970/ of A.O prior to the check period was also added to his income in addition to his agricultural income during the check period which was not even denied by A.O. Further, prosecution has also proved benami transactions as mentioned supra. But, A.O has failed to prove anything contrary to the same by adducing any evidence. As elaborated in the foregoing paras A.O acquired benami assets though he got five children and livein relationship with Sujathamma, who is totally dependant upon him in addtion to his wife without intimating the same or declaring to his department by dubious means and corrupt practices. No attempt was made to give reasons for nonexamination of A.O when he is the best person to explain the transactions under Sec.106 of Evidence Act. Without doing so the defence version that settlement deeds under Exts.P.10 and P.130 in favour of A.O cannot be taken into consideration since no attestors were examined as per Sec.68 of Evidence Act do not merit any consideration since A.O or the donars under 70
Exts.P.10 and P.130 and donee under Ext.P.10 never denied execution, existence and acceptance of the said gifts.
Item No.20:
219. It is described as Ac.085 cents of land in S.No.117/1 in Samanasa Village,
Amalapuram Rural Mandal purchased by A.O for Rs.25,500/. In this connection, prosecution contend that under the original of Ext.P.14, this land was purchased in the names of A.O and his two brothers jointly and consideration of Rs.25,500/ mentioned in Ext.P.14 is to be taken as value of this asset owned by A.O.
220. The defence plea in this connection is, this property was purchased on 1308 1990 which is prior to the check period and it stood in the names of A.O and his brothers. In this connection, P.W.31/I.O categorically admits at Page 24 that since this item was purchased prior to the check period, it is liable to be deleted from the assets of A.O. Hence, Item 20 is deleted and its value cannot be added to assets.
Item No.23:
221. This is described as fixed deposits bearing Nos.209638, 209637, 209636 and 210495 at Vijaya Bank, Amalapuram of total value Rs.4,00,000/.
222. A.O contend that there is abundant evidence on record to the effect that earlier fixed deposits were reinvested on maturity and those fixed deposits were encashed on 07042002 and Rs.3,38,916/ was credited to S.B.Account and with the available balance in S.B.Account, fresh fixed deposits were obtained and as such this item of property cannot be styled as illgotten money to conceal the amounts and original deposit amounts are to be shown as assets and accrued interest as lawful income.
223. In this connection, P.W.31/I.O deposed in chief examination that during search proceedings conducted in residential premises of A.O at Narasaraopeta, he seized Exts.P.31 to 34 F.D receipts dated 09042002 of Vysya Bank, Amalapuram 71 each for value Rs.1,00,000/ in the name of A.O. P.W.4/Branch Manager in
Ext.P.27 letter confirmed the said deposits made by A.O.
224. In this connection P.W.31 at Page 25 deposed that he did not investigate to find out whether fixed deposits under Exts.P.31 to 34 are new deposits or reinvestment of earlier deposits and he did not get details of investment under
Exts.P.31 to 34 from bank and denied the suggestion that they are only reinvestment of earlier deposits.
225. P.W.4/Manager, Vysya Bank, Amalapuram deposed that on 09042002
Exts.P.31 to 34 fixed deposits were made by A.O. He could not say how the amount of Rs.3,38,916/ was credited into the S.B account of A.O and how the amount was received as per Ext.P.29 without verifying the original record, but deposed that F.D amounts covered under Exts.P.31 to 34 are the amounts withdrawn from Ext.P.29 account. Through P.W.4 Exts.P.28 to 30 abstract of S.B accounts in the names of
A.O, his daughter Neelima and his mother Narayanamma were marked. As contended by A.O Rs.3,38,916/ was credited to the account of A.O on 09042002 by transfer and these F.Ds were taken on the same date as per Ext.P.29 account abstract of A.O. Ext.P.29 further shows that on 08072002 A.O transferred an amount of Rs.1,00,000/ for purchase of F.D.R under Ext.P.33 and Exts.P.28 to 30 were obtained on 08072002 and 09042002. The alleged earlier fixed deposits are not marked through P.W.4 or others. Hence, available evidence is not sufficient enough to decided that earlier fixed deposits were reinvested on their maturity into
Exts.P.31 to 34 fixed deposits of total value Rs.4,00,000/ and alleged accrued interest on original deposits cannot be taken as income without positive and cogent evidence. Hence, Rs.4,00,000/ is taken into consideration.
Item No.24:
226. It is described as Special Term Deposit in S.B.I., Amalapuram in the name of
A.O for Rs.52,240/.
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227. The defence plea in this connection is, A.O got four Special Term Deposits amounting to Rs.1,59,341/ which were matured during July, August and
September, 1999 and prior to their maturity date, A.O availed loan of Rs.1,50,000/ in July, 1999 on those deposits and thereafter with the consent of A.O the proceeds of deposit were set off against the demand loan and balance of Rs.39,999/ was converted into Special Term Deposit with maturity value Rs.43,723/ and maturity date as 28092000. It is further contended that the matured amount of
Rs.43,723/ was again reinvested and by 14102002 the said fixed deposit yielded a sum of Rs.52,240/ which was converted by A.O as Special Term Deposit under
Ext.P.46 and as such, amount covered under this item is result of redeposit of earlier term deposit receipt after its maturity.
228. Ext.P.46 is special terms deposit in S.B.I dated 141002. In this connection,
P.W.8/Chief Manager, S.B.I., Amalapuram admits in crossexamination that
Ext.P.46 F.D.R is renewal of previous F.D.R. Hence, as contended by A.O value of this asset must be taken as Rs.39,999/ which was the Principal amount under earlier Special Term Deposit No.817812 and Rs.12,241 of interest on earlier deposit should be shown as income. Hence, value of this asset is Rs.39,999/ instead of
Rs.52,240/ and Rs.12,241/ is taken as income of A.O.
Item No.25:
229. In this connection, P.W.31/I.O deposed that on 12051998 A.O purchased
Hero Honda motor cycle bearing No.AP 5 G 1357 in the name of his father for
Rs.31,500/ and P.W.11/M.V.I furnished the particulars of registration, payment of tax and cost of the vehicle. In cross examination he denied the suggestion that father of A.O himself purchased this item with his funds and it was deliberately tagged to the item of A.O to inflate the value of assets.
230. In this connection, P.W.11 clearly deposed that as per Ext.P.53 letter addressed by him, this vehicle was registered in the name of father of A.O and he 73 paid an amount of Rs.2,205/ towards life tax and Rs.1,000/ towards registration of number and invoice price of vehicle is approximately Rs.31,500/.
231. In view of the testimony of P.W.11 coupled with the particulars mentioned in
Ext.P.53, the version of prosecution that it was purchased by A.O alone cannot be accepted without any evidence. Hence, this item is deleted from the assets of
A.O.
Item No.27 of assets and Item No.11 of Expenditure:
232. Since Ambassador car is mentioned in Item No.27 of Assets and Rs.12,751/ is shown towards maintenance of that car in Item No.11 of Expenditure, it would be convenient to discuss both items together. This is described as Ambassador car bearing No.AP 7 G 3335(1998 model) purchased by A.O from K.Ramakrishna,
R/o.Nellore and its value is Rs.1,50,000/.
233. In this connection prosecution examined P.W.18 and got marked Ext.P.64 and contend that car documents were found during house search in the presence of mediators vide Ext.P.99 and even A.O admitted the value of car as Rs.1,50,000/ though according to him it was not transferred in his name.
234. P.W.18/R.T.O., Ongole deposed that he furnished Ext.P.64 extract of B
Register of Ambassador car bearing No.AP 07 G 3335 registered on 01091999 which stood in the name of Ramarao, Narasaraopeta and subsequently on 0604 2002 the said vehicle was transferred to K.Ramakrishna of Guntur and again it was transferred on 23122003 (i.e., subsequent to searches) in the name of K.Vydehi.
235. Accused officer contend that he is no way connected with the said vehicle and bills under Ex.P.142.
236. Whereas, learned Special P.P has drawn attention of this court to Ex.P.99 mediator report regarding the inventory of items at Jasmine House, Narasaraopeta.
It is mentioned that on enquiry about car found in that house, accused officer stated that he purchased the car but he did not get it transferred in this name from the 74 owner of the car by name Ramakrishna of Chennai and Ex.P.142 bills pertaining to the said car were also seized from the said house and it strengthens version of the prosecution that the said car belongs to accused officer having purchased the same though officially it was not transferred in his name and the said formality was pending.
237. In this connection, learned counsel for accused officer vehemently submitted that Ex.P.142 will not prove the case of prosecution and bill dated 11092002 issued by Bharathi Automobile, Guntur, bill dated 30052002 issued by Bharath
Petroleum Corporation Limited, Darsi do not contain the vehicle number and document dated 11012003 issued by Tagore Automobiles is only a quotation which cannot be used to calculate the expenditure and document dated 11012003 issued by Vijayalashmi Traders, Harish Traders, Bhilal Raditor works do not contain the vehicle number and bill dated 11012003 issued by Lakshmi Motors, Guntur does not contain name of accused officer though it contains number of vehicle and bill dated 12122002 issued by Abdul Sattar Engineering Works, Guntur and
Popular Black Smith Works, Guntur vehicle number is mentioned without owner's name and in bill dated 12122002 issued by Hameed Tinkering Works, Guntur,
Sankar Automotives, Guntur vehicle number is mentioned and in the workshop bill issued by Sankar Automotive name of accused officer is mentioned as P.Ganapathi
Rao instead of P.R.K.S.S.B.Ganaparthi Rao and so called bills dated 11122002, 12122002 issued Star Auto Garage cannot be considered as expenditure incurred by accused officer as vehicle number alone is mentioned without further details and in the bill dated 12122002 issued by Srinivasa Auto Electrical Works, Guntur vehicle number is mentioned, but the name of the accused officer is not mentioned and in bill dated 13112001 vehicle number is mentioned which differs with the actual vehicle allegedly used and no evidence was adduced by prosecution to the effect that accused officer was using that vehicle or was in possession of the vehicle on the relevant dates mentioned in the bill. It was further submitted that in the 75 inventory report dated 24012003 at Tada, Nellore K.Ramakrishna,
S/o.Ramanaidu, who happened to be the owner of this vehicle was examined and as per the testimony of P.W.18 and Ex.P.64 this vehicle was registered in the name of
K.Ramarao on 01091999 and it was subsequently transferred to K.Ramakrishna of
Guntur on 06042002 and again it was transferred in the name of K.Vydehi on 23 122003.
238. In the light of this a careful scrutiny of Ext.P.64 shows that from 01091999 to 060402, K.Ramakrishna, S/o.Ramanaidu was owner of the car in question. It is not that on 060402 only it transferred to K.Ramakrishna.
239. Page 9 of Ext.P.99 mediator report mentions that when examined accused officer during the search he stated that he purchased an Ambassador car bearing
No.AP 7 G 3335, 98model car from Sri K.Ramakrishna of Chennai in 2002, but the said vehicle was not transferred so far in his name. The said purchase of this car according to accused officer in 2002 and seizure of Ex.P.142 bills and Ex.P.120 made up file relating to miscellaneous receipts from the said house of accused officer clearly shows possession of the said car with accused officer and purchase of the same during the relevant time though it is a fact that officially it was not transferred in his name. Otherwise, the very custody of Ex.P.120 made up file and
Ex.P.142 bills in house of accused officer does not arise. Through P.W.31 Ex.P.142 bills in the made up file Ex.P.120 relating to the car were marked. P.W.31 clearly deposed at Page 15 that during searches car maintenance bills/Ex.P.142 raised in the name of accused officer were seized from the house of accused officer.
Mentioning of vehicle number and name of accused officer and work done as wheel alignment, wheel balancing, tyre changing etc., in workshop bill issued by Sankar
Automobiles dated 12122002 for Rs.357/ clearly shows that car in question was in the possession of accused officer. Further, though the bills dated 12122002 issued by Srinivasa Auto Electrical Works for Rs.100/, quotations issued by Tagore
Automobiles dated 11012003 for Rs.1,395/, spares bill issued by Lakshmi 76
Motors, Guntur dated 11012003 for Rs.360/, quotation issued by Tagore
Automobiles dated 11122002 for Rs.112/. Quotations issued by Tagore
Automobiles which are six in number dated 121202 and five other cash bills issued by other garages regarding the maintenance and repairs of the car mentions only car number, computer receipt issued by Sankar Automobiles dated 12122002 with job number 0854 clearly mentions car number and owner as P.Ganapathi Rao.
Generally name of owner of vehicle and details will not be mentioned in receipts issued by small garages and automobile shops. That does not ipso facto lead to any inference that A.O was not owner of the car in question during the relevant time.
240. In Ext.P.103 inventory report dated 24012003 which took place in alleged rented house of accused officer in Ravi Buildings, Post Office Road, Thada, Nellore
District it is clearly mentioned that along with accused officer and mediators, Range
Inspector, ACB reached the said house and found the said house door sealed and one person by name K.Ramakrishna, native of Tamilnadu was present with main door key and one of the mediators took the key from Ramakrishna and opened the lock by removing the seal and second door of the house was also found locked and one of the keys of that door was with Sri K.Ramakrishna and second key of the said door was seized in the earlier house of accused officer during the search of that house and with the aid of that key, the said door was also opened by one of the mediators. At Page 4 of mediator report, it is clearly mentioned that the presence of
Sri K.Ramakrishna, S/o.Ramanaidu, Proprietor of Sri Ramakrishna Lorry Transport,
R/o.Chennai was secured and examined and on examination he stated that the
Teakwood articles and kitchen articles found in that house belong to him and he used to visit the said house frequently since last four years and as such, he kept one set of keys with him and accused officer was present throughout the search.
241. According to the aforementioned contents in Ext.P.103 inventory report shows that, though accused officer was present throughout the search including examination of Ramakrishna who stated that he used to visit the said house 77 frequently for the last four years and kept one set of keys of that house with him he neither objected nor denied the same. These facts show close intimacy between A.O and Ramakrishna and though car was purchased from Ramakrishna, officially it was not transferred.
242. If really accused officer is no way connected with this car and owner and possessor of the car was K.Ramakrishna during the relevant period as noted in
Ex.P.64/Bregister extract of the vehicle, question of finding many repair bills with the car number and name of accused officer in the house of accused officer does not arise. The aforementioned testimonies of P.Ws.18, 31, Exts.64, 99, 103 and 142 leaves no doubt that accused officer was owner and possessor of the car during relevant time and he spent the amount in bills covered under Ext.P.142. Hence,
value of this asset can be taken as Rs.1,50,000/ and amount spent for
maintenance of car is taken as Rs.12,751/ as mentioned in Item No.11 of
expenditure.
Item No.28:
243. It is described as balance amount in S.B accounts of various banks totaling Rs.5,26795 p.s. A.O did not dispute this item.
Item No.29:
244. This is described as liquid cash of Rs.47,000/ found in the house of accused officer.
245. According to the prosecution, though cash of Rs.47,000/ was seized during house search of accused officer in the presence of mediators under Ext.P.99 inventory report, accused officer did not deny the said fact and as such the said amount is to be added to the assets of accused officer.
246. Whereas defence plea is the house wherein the said cash of Rs.47,000/ seized was residential premises of Sujathamma who took it on lease from the owner 78 of the building and the said cash does not belong to accused officer and it was kept by 3rd party in the house of Sujathamma when accused officer was present there to take it back on the next day and in this connection DW.1/ Pothula Sankar clearly deposed in chief examination that on 23.01.2003 he went to the concerned premises and found some officials and on enquiry he came to know that they are ACB officials and requested them to return this money but they refused and he even got issued notice to DSP, ACB/ Investigating Officer under Ext.D.8 which was received under
Ext.D.7.
247. Admittedly learned counsel for A.O canvassed that when at earliest point of time soon after the search and seizure of cash when a 3rd party made a claim for return of the amount it is the duty of Investigating Officer to investigate into the claim and pass appropriate order thereon but Investigating Officer failed to refund the same and the counsel who issued Ex.D.8 notice advised DW.1 to work out his legal remedy before the court and as such there was no further proceedings by DW.1 or his brother and even otherwise DW.1 or his brother cannot file civil suit for recovery of the said amount because civil courts jurisdiction is specifically ousted in respect of matters under investigation by ACB authorities and as such it cannot be contended that no action was taken by DW.1 and since Rs.41,000/ does not belong to accused and the said item is liable to be deleted from the list of assets.
248. In this backdrop it is necessary to scrutinize the testimony of DW.1. DW.1 deposed in chief examination that, his elder brother Siva Prasadarao has been running Siva Chits and Auto Finance in Narasaraopet and his brothers clerk used to do collection of chit subscriptions and auto finance installments and on 22.01.2003 he went to Piduguralla for cremation of his friend where the clerk of his elder brother gave him Rs.46,000/ for handing over the said amount to his brother at
Narasaraopet and after return to Narasaraopet his friend K.Koteswararao took him on his vehicle to the room of accused officer and they also carried liquor while going to that room and accused officer alone got acquaintance with his friend 79
Koteswararao and when Koteswararao offered liquor to accused officer, he refused to take the same on the ground that he was suffering from ill health and he and his friend Koteswararao had liquor and on pressurizing accused officer, also took little quantity of liquor. DW.1 further deposed that he kept money cover besides the bag of accused officer to take the same on the next day and the said money was taken with him while going because he and his friend Koteswararao were in drunken state and accordingly on the next day at 8.30 AM he went to the room of accused officer and requested him to return cash bag kept in his room but accused officer stated that he was caught by ACB officials and they were present in that room and though he asked ACB officials for taking return of his money bag, they refused on the ground that it was seized and as such he had given Ext.D.8 notice to DSP, ACB through his counsel D.Mallareddy and it was received by him under Ext.D.7 acknowledgement and in spite of the same his money bag was not returned and his counsel informed that till judgment in this case, the said money cannot be returned.
249. In crossexamination he could not say even denomination of the said amount of Rs.46,000/ on the ground that by keeping the said amount of Rs.46,000/ in cover it was given to him by his brother's clerk stating that it was Rs.46,000/ and he did not give him any slips regarding from whom the said subscription amount was collected and he did not count the said amount by taking it out of the cover and kept the said cover on the table of accused officer and informed that it contains cash of Rs.46,000/ and even accused officer also did not count the said amount in the cover. From the own evidence of DW.1, it is clear that only because his brother's clerk stated that the cover given to him contains cash of Rs.46,000/ which represents collection of subscription amount, he presumed that it is only
Rs.46,000/ without even counting the amount.
250. Further accused officer is utter stranger to him and for the first time, he had seen accused officer only on the date when he was taken to his room by his friend
Koteswararao. If accused officer himself is utter stranger to him according to his 80 own evidence, the story of spending night in the room of accused officer by consuming liquor and keeping the cash bag allegedly containing substantial amount of Rs.46,000/ in the custody of accused officer for taking the same on next day as a precaution because he and his friend were in drunken state is highly unnatural and cannot be believed. No ordinary prudent person would keep a bag containing
Rs.46,000/ in the house of an utter stranger for safe custody without taking the same along with him. Be that as it may, even according to the own testimony of
DW.1, notice was given to DSP, ACB seeking return of the amount one month after the said event. He simply deposed that because his counsel was out of station, it took one month of time. It is pertinent to note that the searches in this case including the house of accused officer was on 26.01.2003. P.W.31 denied the alleged receipt of Ext.D.7 notice. DW.1 selected a date which is 4 days prior to the search and created entire story that his cash of Rs.46,000/ was kept in the house of accused officer.
251. Mere plain reading of testimony of DW.1 itself shows that his version is unrealistic and dramatic and cannot be believed under any stretch of imagination for the reasons mentioned supra. Hence, the aforementioned discussion leaves no doubt that Rs.46,000/ of cash admittedly seized from the house of accused officer belongs to A.O. Hence prosecution has rightly taken this amount of
Rs.47,000/ as asset of accused officer.
252. Total value of assets is arrived at as Rs.30,30000 (Item No.1) +
Rs.15,95,00000 (Item No.2) + Rs.22,00,000/ (Item No.3) + Rs.7,22,000/
(Item No.4) + Rs.2,600/ (Item No.5) + Rs.2,100/(Item No.6) + Rs.22,750/
(Item No.7) + Rs.3,25,000/ (Item No.8) + (Item No.9 is not valued by
prosecution) + Rs.5,00,000/ (Item No.10) + Rs.3,60,000/ (Item No.11) + (Item
No.12 is not valued by prosecution) + Rs.20,000/ (Item No.13) + Rs.25,000/
(Item No.14) + Rs.6,35,000/ (Item No.15) + (Item No.16 is deleted) +
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Rs.15,000/ (Item No.17) + (Item Nos.18 and 19 are not valued by prosecution)
+ (Item No.20 is deleted) + (Item No.21 is not valued by prosecution) +
Rs.1,50,000/ (Item No.22) + Rs.4,00,000/ (Item No.23) + Rs.39,99900 (Item
No.24) + (Item No.25 is deleted) + (Item No.26 is not valued by the
prosecution) + Rs.1,50,000/ (Item No.27) + Rs.5,267.95 p.s.(Item No.28) +
Rs.47,000/ (Item No.29) + Rs.2,92,054/ (Item No.30) + Rs.1,00,000/ (Item
No.31) = Rs.76,39,070.95 p.s.
INCOME:
253. Under Annexure No.II, ten items of income are shown. Out of them prosecution did not mention any amount in respect of Item No.8 and total of items 1 to 7 and 9, 10 is shown as Rs.11,12,547/. We will proceed to discuss these items of income in seriatum.
Item No.1
254.Rs.5,96,552/ is shown as income of accused officer from salary from 19 091990 to 26012003.
255.Though accused officer in explanation contend that the amount shown is wrong and he had drawn Rs.7,10,720/ towards salary. At Page 30 of written arguments he admits the amount of Rs.5,96,552/ mentioned in the charge sheet.
Hence, this amount is taken into consideration.
Item No.2:
256. This is described as the amount of Rs.2,00,000/ of stridhana received by
Sujathamma, 2nd wife of A.O from her parents. Though prosecution claimed this amount, in written arguments it is mentioned that this amount is not added to the income of A.O on the grounds that parents of Sujathamma are not financially capable to give substantial amount to her and she is not legally wedded wife of A.O and A.O had not shown in his annual statement.
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257. Item Nos.3 to 7, 9 and 10 are not in dispute.
Item No.8:
258. No amount is shown under Item No.8 which is described as rental income from D.No.6112 of Kamanagaruvu Village on the ground that A.O failed to obtain prior permission in respect of this item or shown in A.P.Rs of the year 2001. A.O did not dispute the same.
ACCRUED INTEREST ON SPECIAL TERM DEPOSIT:
259. As per the elaborate discussion mentioned in Item No.24 of the assets
Rs.12,241/ which is accrued interest on Special Term Deposit No.817812 is taken as income of A.O.
260. Total income is Rs.5,96,552/ (Item No.1) + (Item No.2 is deleted) +
Rs.20,000/ (Item No.3) + Rs.14,984/ (Item No.4) + Rs.3,53938 p.s (Item No.5)
+ Rs.1,96,63485 p.s. (Item No.6) + Rs.1,10,756/ (Item No.7) + Rs.1,37,970/
(Item No.9) + Rs.26,000/ ( Item No.10) + Rs.12,241/ (accrued interest on
special term deposit) = Rs.11,18,677.23 p.s.
ITEMS OF ADDITIONAL INCOME CLAIMED BY A.O:
Item No.1:
261. A.O claimed rental income of Rs.3,66,600/ from the tenants in the house bearing D.No.6112 at Kamanagaruvu Village, Amalapuram Mandal. But, no specific period is mentioned as to from which date, month or year the said income is claimed. It is apposite to note that when prosecution failed to take Item No.8 rental income on this house, on sole ground that no permission was acquired for the same by reporting no objection at Page 30 of written arguments for not taking rental income on Item No.8 of income for the reasons best known A.O claimed this rent under additional income. P.W.31/I.O deposed at Page 31 that he did not consider the alleged rental income as no permission was obtained from the employer to 83 acquire this property. In this connection, without even going into the question of obtaining permission or otherwise for acquiring this item, there is absolutely no evidence as to completion of construction of first and second floors prior to the obtaining of approved plan for second floor in the year 1999 and the details of alleged tenants and quantum of rent paid by them for their portions to A.O. There is absolutely no evidence as to the alleged substantial amount of rental income of
Rs.3,30,600/. A.O contend that in Service Register there is an entry in 1994 about the semi finished or incomplete building in Item No.1 of the property and A.O has been consistently showing rental income of this building in the I.T returns filed by him from the assessment year 200001 and prior to that because he was not having taxable income, he did not file income tax returns.
262. In this connection, it is necessary to scrutinize Ext.P.116 made up file which contains income tax papers and PAN card of A.O seized during the search in
Jasmine House, I.T returns of A.O for the Assessment Years 200001 to 200304 along with tax payment challans filed in court on 02042019 and Ext.P.121 made up file seized from the house of father of A.O should be scrutinized.
263. At the outset, A.O contend that he started filing I.T returns only from the assessment year 200001 and not prior to that as there was no taxable income. The said version of not having taxable income prior to Assessment year 200001 is not supported by any evidence.
264. Further, P.W.31 was vaguely suggested at Page 31 that A.O received total rental income of Rs.2,17,000/ and it was deliberately suppressed without specifying the period and he denied the said suggestion. The very giving of suggestion as to alleged rental income as Rs.2,17,000/ and inflating the alleged claim to Rs.3,30,600/ in written arguments itself casts serious doubt regarding the truth or otherwise of the said income. As per office copy of statement of total income for the assessment year 200001 of A.O under Ext.P.116, rent is claimed from
December, 1999 only @ Rs.500/ per month for each portion which comes to 84
Rs.12,000/ p.m. When income to be accounted for in Assessment Year 200001 was for the period 01041999 to 31032000, if A.O realized the said rental income from 1994 or 1992 onwards, why he did not claim rent in that assessment year from 01041999 and claimed only from December, 1999, is not explained. Even as per the discussion mentioned supra, building in Item No.1 was assessed to tax only subsequent to 1999 and taxes are being paid since then and not prior to that. Even if rent is calculated @ Rs.500/ per month per portion for six portions upto the end of January, 2003 i.e., the end of check period, it comes to Rs.1,14,000/. But, giving suggestions to P.W.31 that rental income was Rs.2,17,000/ and raising the same to Rs.3,30,600/ at the time of arguments without any evidence as to the alleged tenants and quantum of rent paid by them itself shows that claim of A.O is ambiguous even without going into the issue whether permission is obtained or not.
265. Neither A.O nor any of the alleged tenants are examined. Further, no rental receipts or any personal book of atleast A.O noting the alleged rents are placed on record. In Ext.P.121 file also along with photocopy of sale deed dated 13051999 in favour of A.O Form 2D Saral in respect of the same Assessment Year 200001 is enclosed. Whereas, A.O dumped office copy of I.T returns with statement of income and enclosures for the Assessment Years 200001, 200102 and 200304 along with memo of written arguments dated 020419 which remained unmarked. They are not even marked. Even otherwise as per the said three office copies of statements of total income for the three assessment years rent is shown as Rs.500/ for each portion in the assessment year 200001 and Rs.800/ per month for assessment year 200203 and Rs.1,500/ per month for assessment year 200304. Mere filing of office copy of said statements of income do not substitute proof regarding the alleged rents and their enhancement for each year. Admittedly, property is located in Amalapuram Rural area and not commercial area for increasing rent exorbitantly every year. Hence, without any iota of evidence the said rental income cannot be taken.
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266. Prosecution admits the construction of the entire building and imposing tax on the building from 2000 onwards. P.Ws.20, 22 and 25 tenants in portions of this house were examined. I.O infact arrived at rental income as Rs.2,37,600/ for the period from 2000 to 2002 basing on the statements of P.Ws.20, 22 and 25, but not considered the same on the ground that it was not intimated to his department as per final report. But, rental income of Rs.2,17,000/ from this item suggested to
P.W.31 is less than the said amount of Rs.2,37,600/ arrived at by I.O in final report. Ext.P.107 shows that permission was obtained for acquiring this item and
I.T returns show that rental income from this house was also declared to the Income
Tax Authorities. Hence, Rs.2,37,600/ of income arrived at by I.O can be safely taken into consideration.
Additional Income Item No.2:
267. Accused officer claimed an amount of Rs.20,07,000/ towards the alleged receipt of interest by wife of accused officer from the amount lent by her. In this connection, accused officer contend that at the time of joining in the Transport
Department, accused officer has informed his employer about the amount of
Rs.6,00,000/ of his wife P.Vijayalakshmi and how the said amount was utilized by her in income yielding investments by lending the amounts to third parties on the basis of equitable mortgage by deposit of title deeds and also informed that wife of accused officer has been receiving Rs.9,000/ per month towards interest from the said lending of the amount from 02041981 to 01011986.
268.It is further contended that through Ext.D.1 order, dated 16041996 on the basis of information provided on 08041994, employer recorded the said money possessed by wife of accused officer and income generated on the said money by way of interest and on the amount of Rs.2,00,000/ lent to Rajulapudi Lakshmi
Mangatayaramma @18% per annum from 05041981 till the date of check period and on the amount of Rs.4,00,000/ @ 18% per annum lent to Rajulapati
Venkateswararao from 01011986 till 23012003, total amount of interest received 86 was Rs.20,07,000/ and since she is the wife of accused officer and member of family as per C.C.A.Rules, the said income is to be considered and more so, when under Ext.D.1 proceedings, employer notified the amount lent by her.
269.Prosecution emphatically denied the same.
270.P.W.21 was confronted with Ext.D.1 dated 16041996 and on identifying the signatures of thethen Deputy Transport Commissioner therein it was marked through him. According to P.W.21 he was only authorized to give evidence. Hence,
P.W.21 did not produce the document and only on identifying the signature of
D.T.C, it was marked through him. Admittedly P.W.21 is no way concerned with
Exts.D.1 and D.2 or the contents therein. P.W.21 simply deposed that as per the contents of Ext.D.1, annual property statement submitted by accused officer was recorded and that his wife Smt.P.Vijaya Lakshmi has given Rs.6,00,000/ as loan to the parties by way of promissory notes and the source of money is part of Stridhana received by her from her parents.
271.Except marking Ext.D.1 through P.W.21, who neither got personal knowledge about the same nor concerned with the document, accused officer did not make any endeavour to examine the promissors under the alleged pronotes and his wife to prove the alleged lending transactions and source for the same. No attempt was made as to why they were not examined. Unless promissor and promisee under the pronotes are examined and they speak about giving and receiving of amount, alleged lending cannot be simply inferred from Ext.D.1. Having claimed huge amount of more than Rs.20,00,000/ towards interest, burden is heavy upon the shoulders of accused officer to prove the alleged lending and receiving of interest therefrom during the check period. On the top of it A.O did not whisper about
Ext.D.1 or amount allegedly lent to Lakshmi Mangatayaramma and Rajulapti
Venkateswara Rao by his wife and huge amount of interest allegedly received from them in Ext.P.148 explanation which was the first opportunity to explain these 87 aspects though A.O explained as many as 27 items of income under the heading “I.O omitted to show the items”.
272.At this juncture, it is necessary to scrutinize Ext.D.1. Admittedly accused officer joined in Transport Department on 08041994 as Asst.Motor Vehicle
Inspector. Ex.D.1 is dated 16041996 which is two years after entering into
Transport Department. Further, it is not mere recording of alleged property statement submitted as on 08041994, in 2nd para of the said proceedings it is specially mentioned about lending of Rs.6,00,000/ by wife of accused officer under promissory notes to others by taking pledge of their land documents and part of
Stridhana received by her from her parents is source. When according to A.O property statements submitted by him as on 08041994 i.e., the date of joining in
Transport Department contains particulars regarding the own income of accused officer etc., the necessity for recording the alleged lending of Rs.6,00,000/ of his wife to others under promissory notes and source of that amount is Stridhana from her parents rises any amount of doubt regarding veracity of this document. Further
Ext.D.1 contains the receiving stamp of A.O of ACB Court, Vijayawada with date as 05012012.
273.P.W.21 was examined in chief on 26082011 and crossexamination was deferred on that day. As per the deposition of P.W.21, witness was cross examined on 05012012. The said dates in the deposition of P.W.21 exfacie show that on the date of crossexamination only accused officer introduced this document and confronted the same to witness. If really Ext.D.1 document was in existence on 16 041996 itself, there is absolutely no necessity to withhold this document and keep the same in dark till 2012 i.e., nearly for 16 years though the said document is much in favour of accused officer. Further, Ext.D.1 shows that copy of it was marked to accused officer, who was working by then as A.M.V.I., B.V.Palem. In this connection P.W.31 clearly explained at Page 41 that as per Page 12 of Ext.P.59 service register, A.O joined as A.M.V.I at Government Driving School, Chittoor on 88 070794 and Ext.D.1 is dated 160496 and by 080494 the concerned authority to issue alleged permission under Ext.D.1 would be D.M & H.O., Kurnool or D.T.C.,
Chittoor. But, it cannot be given by D.T.C., Nellore as he is no way concerned with the same and as such, Exts.D.1 and D.2 are fabricated documents. Thus there is no iota of evidence as to the alleged actual lending and receiving of interest to the tune of more than 20 lakhs under two promissory notes dated 050481 and 2301 03.
Ext.P.107, APRs and Service Register of A.O:
274.In this connection, according to prosecution inspite of herculian efforts made by I.O to get APRs and prior permissions he did not get the same and replies issued by concerned officers clearly shows that A.O failed to submit APRs and obtain prior permissions from the head of his department as per C.C.A Rules and even in Ext.P.148 explanation A.O did not whisper about Exts.D.1 to D.5, submission of APRs and obtaining permissions from his superiors.
275.P.W.31 deposed at Pages 34 and 35 that he addressed a letter to D.T.C.
Nellore under Ex.P.78 and he received Ex.79 reply stating that information was not available and as such he addressed similar letter to Commissioner, Hyderabad under Ex.P.80 and he did not issue any reply and he again issued reminder under the original of Ex.P.149, dt.02102003 to the Commissioner, Hyderabad and the said reminder notice was forwarded by Commissioner, Hyderabad to D.T.C., Nellore by requesting to furnish the said information and intimate the same to office and
Ex.P.150 is the copy of letter dt.03112002 sent by Joint Transport Commissioner to D.T.C., Nellore requesting to send the detailed information directly to Range
Inspector, ACB, Rajamahendravaram under intimation to that office. Inspite of these efforts no information was given. At Page 36 P.W.31/I.O deposed that Exs.D.1 to D.5 and APRs under Ex.P.107 are not mentioned in Ex.P.59 and since accused officer also did not mention them even in his explanation, there was no opportunity 89 to investigate the said aspects and some of the papers in Ex.P.107 did not even contain the signature of accused officer.
276.Ext.P.59 shows that pay particulars of A.O along with photostat copy of S.R were sent with covering letter by D.T.O., Integrated Check Post, Bheemunivanipalem to the Inspector, ACB, Rajahmundry. The said photostat copy of service book which contains only 24 pages and did not contain any information regarding obtaining of prior permissions or submission of annual property statements. Though A.O contend that service register is having the information with regard to prior permissions acquired by him and submission of annual property statements deliberately by removing the relevant sheets only 24 pages of S.R was placed on record by prosecution. If that is so, none prevented A.O from submitting his own evidence about the same. Without doing so A.O is totally relying upon Ext.P.107 made up file.
277.Per contra, prosecution contend that P.W.31 clearly explained in his testimony about the efforts made by him and nonsending of any such information which itself shows that A.O neither submitted APRs nor taken prior intimation from his employer as laid down under C.C.A.Rules and if really the concerned officers did not send the APRs and prior permissions of A.O deliberately he ought to have taken serious steps to extract the said information, but the very silence on the part of A.O shows that the said version of prosecution is false.
278.In the light of this a careful scrutiny of Ext.P.107 made up file which was seized during the search of Jasmine House wherein A.O and Sujathamma were found shows some copies of letters and A.O signed in some letters and some were left blank regarding purchase of some admitted items and disclosure of the same to his employer belatedly. But, Ext.P.107 did not contain anything about obtaining prior permission with regard to benami items allegedly purchased by A.O in the 90 names of his mother, father, Sujathamma and minor daughters through
Sujathamma.
279.It is apposite to note that Page 60 of Ext.P.107 file contains O.C of letter of
A.O dated 11042001 to D.T.C., Nellore stating that he enclosed property statement for the year ending 31122000 which is reported as nil. Further, in the same letter, he mentioned that he had not acquired or disposed any properties in the year ending 31122001 and requested his employer to excuse the delay in submitting property statement. In this letter, memo dated 04042001 was referred to regarding abnormal delay in submitting property statement. Hence, according to
Page No.60 with enclosures in Ext.P.107 file A.O stated that he neither acquired nor disposed any property in the years 2000 and 2001 though A.O acquired properties in the names of himself, his parents, Sujathamma and his children.
280.Though prosecution denied rental income from Item No.2 house at
Kamanagaruvu basing on Ext.P.107 made up file and O.C of tax returns of A.O even that income was taken into consideration. Hence, it is a peculiar case where prosecution could not place alleged APRs and prior permissions of A.O with regard to some items of property on record.
281.Though Ext.P.107 file contains two promissory notes in favour of A.O, with regard to this item of income allegedly realized by wife of A.O on alleged lending of amount to Rajulapudi Lakshmi Mangatayaramma and Rajulapti Venkateswara Rao, nothing is whispered in Ext.P.107 file and the said pronotes are not in Ext.P.107.
282.There is absolutely no evidence to show that either Rs.6,00,000/ or part of
Rs.6,00,000/ was gifted by parents of Smt.P.Vijayalakshmi, wife of accused officer as Stridhana. The details as to in which year they gifted a particular amount to wife of accused officer as Stridhana are not even whispered. Ex.D.1 also vaguely mentions that part of Rs.6,00,000/ is Stridhana amount. Hence, there is no clarity even from Ex.D.1 regarding what exactly is the Stridhana amount. If the version of 91 accused officer is true, he ought to have furnished the details of amount of
Stridhana and exact date of giving alleged gift by her parents. Further, if part of
Rs.6,00,000/ is only Stridhana amount, the source of remaining amount of
Rs.6,00,000/ is also not explained. On the top of it in explanation accused officer did not even whisper about the alleged amount of Rs.6,00,000/ of Stridhana of his wife in the items mentioned with caption items omitted by I.O. Hence, when accused officer himself did not whisper about the alleged Stridhana amount and lending the said amount to others under promissory notes by his wife and realising the alleged income of more than Rs.20,00,000/ he cannot subsequently introduce the said version and claim huge amount of more than Rs.20,00,000/ of additional income without any basis. At least he ought to have examined either his wife
Vijayalakshmi or himself in this connection. From the aforementioned circumstances it is discernible that the claim under this item was made only for the purpose of showing increased income without any basis.
283. Thus in the absence of any evidence worth considering regarding alleged source, money lending transactions, promissors, promisee, receiving of interest, claim of additional income for huge amount of Rs.20,07,000/ cannot be considered merely basing on Ext.D.1 which is also doubtful. Hence, claim of A.O for additional income of Rs.20,07,000/ is not considered.
Additional Income Item No.3:
284. A.O claimed that his father lent Rs.95,000/ to him in the year 199798 which is born out by I.T returns of his father and not considered by I.O.
285. Prosecution denied the same. Alleged lending of Rs.95,000/ by his father is neither whispered in explanation given by him and in the list of items allegedly omitted by I.O nor supported by any evidence. Though Page 33 of written arguments of A.O clearly mentions that the alleged lending of Rs.95,000/ in 1997 98 is shown in I.T returns of his father, no steps were taken to mark the same through A.O. At the time of reply arguments, for the first time, A.O had chosen to 92 file alleged office copy of I.T returns of his father for the assessment years 199899, 19992000, 200203 and 200304. They are simply filed without any authenticated copies of assessment orders. Even otherwise, in the alleged I.T return of father of
A.O for the assessment year 199899 which covers the income from 01041997 to 31031998, it is clearly mentioned that it is a new case. Hence, even from the alleged copy of I.T returns of father of A.O he started filing them only from assessment year 199899 i.e., four years after his retirement. Though in alleged I.T returns of his father for assessment years 199899 and 19992000 interest amount on money lending is simply mentioned without any other evidence in respect of alleged lending as to whom he lent, source of that amount, particulars of date of lending and document under which it was allegedly lent and examining the persons who borrowed the amount, version of lending substantial amount of Rs.95,000/ to
A.O and realizing interest on that amount cannot be believed. As mentioned in the foregoing paragraphs when father of A.O did not have even taxable income, during his service upto 1994 and till four years after his retirement i.e., 1998 without any evidence as to the sudden raise of his income four years after retirement by simply mentioning in father's I.T returns that he lent money no inference can be drawn that he lent substantial amount of Rs.95,000/ for interest to his son who was getting good amount of income from his job and realized interest from him.
286. Exts.D.3 to D.5 I.T returns of father of A.O did not whisper about the alleged lending of Rs.95,000/ to A.O, whereas in statement of income along with I.T returns of father of A.O for assessment years 199899, 19992000 and 200102 dumped into court along with additional memo of arguments of A.O on 020419 simply mentions in enclosed photocopy of paper from account book with heading
P.Narayana Murthy and P.Lakshminarayanamma joint account and trial balance as on 31031998 at the top and Rs.95,000/ against the name P.R.S.S.B.G.Rao and brothers and similar photocopy of account sheet is enclosed with statement of income for the same three accounting years. A.O cannot rely upon this enclosure to 93 the statement of income for these assessment years which are not at all marked to prove that father of A.O lent Rs.95,000/ to him in 199798. He should come forward with details as to the actual date of alleged lending of the amount. Even otherwise in the account sheet enclosed to the statement of income for the aforementioned assessment years, it is not clearly mentioned that this amount was lent to A.O. On the other hand, it is vaguely mentioned as A.O and brothers. Even if it is considered on its face value, there is no clarity as to how much amount was lent out of Rs.95,000/ to A.O and his brothers. Admittedly A.O got two brothers.
By mere mentioning of the figure Rs.95,000/ in that account sheet against the name of A.O and brothers, alleged lending of Rs.95,000/ to A.O during the year 199798 cannot be presumed.
287. Further, there is absolutely no evidence as mentioned supra in respect of alleged lending and payment of interest on this amount by A.O every month to his father. Viewed in any angle, alleged lending of Rs.95,000/ is not proved.
288. Viewed in any angle, this claim of additional income cannot be considered.
Hence, total income is Rs.11,18,677.23 p.s.+ Rs.2,37,600/ (Item No.1 of
additional income) = Rs.13,56,277.23 p.s.
EXPENDITURE:
ANNEXURE No.III:
289. In this, prosecution enumerated 14 items of expenditure. A.O did not deny items 2, 5, 8 and 12 and rest of the items would be discussed hereinafter in seriatum.
Item No.1:
290. Prosecution contend that house hold expenditure of accused officer and his wife is arrived at as Rs.6,53,029/ basing on Ext.P.144 computation chart.
291. Refuting the same A.O contend that, on the face of it Ext.P.144 shows that computation of number of units are exaggerated by including the name of 94
Smt.Sujathamma as second wife of accused officer and her children without any evidence and P.W.31 categorically admits that he simply followed the proforma of
C.S.O. data supplied by Head Office to include or exclude any expenditure and by the date of searches in this case, proforma of 1985 was in force and if house hold expenditure of accused officer alone from 19091990 to 26012003 is calculated, it will be reduced to Rs.1,97,329/.
292. In this connection, Hon'ble Apex Court in Sajjan Singh vs. State of Punjab succinctly held that 1/3rd of the net salary can be safely taken as household expenditure. By taking into consideration of ratio laid down by Hon'ble Apex Court with regard to computation of household expenditure, since accused officer admitted total net salary during the check period as Rs.5,96,552/ mentioned under Item
No.1 of income, 1/3rd out of that amount is to be treated as household expenditure of accused officer. Apart from that, P.W.31/Investigating Officer himself admits that the very proforma of 1985 of C.S.O data was not in force by the date of searches in this case. Hence, Rs.1,98,850.66/ is taken as household expenditure of accused officer.
Item No.2:
293. Amount of Rs.1,44,713/ shown as expenditure towards repayment of
L.I.C loan is admitted.
Item No.3:
294. An amount of Rs.3,96,312/ is shown as expenditure incurred towards stamps and registration. Defence plea in this connection is this amount was arrived at by including the assets stood in the name of parents, brother and Settibalija
Sujathamma and the document in respect of Item No.1 of assets stood in the name of A.O itself shows that sale consideration and stamp duty was paid by father of A.O and registration fee was paid by vendor and no amount was paid by A.O in connection with the purchase of Item No.1 and with regard to Item No.5 stood in the name of A.O as per Ext.P.43 with regard to this item, stamp duty of Rs.7,150/ 95 based on market value and registration fee of Rs.576/ only was paid and as per
Ext.P.45 in respect of Item No.6 stood in the name of A.O stamp duty of Rs.5,350/ and registration fee Rs.511/ were paid on market value and in respect of Item No.7 which comprises three deeds under Exts.P.24, 26 and 66 A.O paid stamp duty of
Rs.400/ and registration fee of Rs.141/ under Ext.P.24 and Rs.660/ towards stamp duty and Rs.91/ towards registration fee each was paid under Exts.P.26 and 66 and in respect of Item No.11 of assets stood in the name of A.O covered under original of Ext.P.7 A.O paid stamp duty of Rs.6,380/ and registration fee of
Rs.551/ and for these items of assets stood in the name of A.O, in total he paid stamp duty of Rs.21,400/ and registration fee of Rs.1,961/, instead of the total i.e., Rs.23,361/ alone is to be taken as expenditure incurred by A.O towards stamp duty and registration.
295. In this connection, P.W.31 deposed that basing on the information given by
P.Ws.1, 3 and 7 Sub Registrars and Exts.P.1 to P.16, 23 to 26, 42 to 45 A.O incurred this expenditure of Rs.3,96,312/ towards stamp duty and registration fee.
296. In respect of Item No.1 of Assets covered by Ext.P.2 sale deed, it is already discussed in that item and A.O himself admitted in this explanation about payment of sale consideration stamp duty and registration charges thereunder.
297. A careful scrutiny of documents in respect of assets shows that prosecution included registration charges paid by vendors also under respective documents.
Further, though Item No.20 which is land of Ac.085 cents purchased by A.O and his two brothers prior to check period, even stamp duty and registration charges paid under that document was also included.
298. P.W.1/SubRegistrar, Amalapuram clearly deposed that under Exts.P.2 to
P.16 documents vendor himself paid registration expenses and stamp duty alone was paid by the person in whose favour they were executed. In view of the aforementioned clarification given by SubRegistrar himself regarding the concerned documents, prosecution cannot include registration expenses of the documents and 96 amount of stamp duty alone should be taken as expenditure. As per the discussion mentioned supra with regard to all the transactions, A.O paid total stamp duty of
Rs.3,60,972/. Hence, this item of expenditure is taken as Rs.3,60,972/ instead of Rs.3,96,312/.
Item No.4:
299. An amount of Rs.5,03,272.50 p.s., is shown as expenditure towards payments of L.I.C premium bearing Nos.801730529, 801724931, 801722802, 801739968, 641601988.
300. Whereas, accused officer contends that Policy No.801724931 relates to one
Illa Eswararao of Naiveli who is not at all connected with accused officer and Policy
No.801739968 relates to K.Aravind of Kukatpalli, Hyderabad, who has nothing to do with the accused officer and amounts allegedly paid towards the said policy numbers are to be deleted.
301. A.O also contend that his father is an income tax assessee and L.I.C premia payable on policy numbers 801730529, 801722808 and 641601988 was paid by his father and the said payments were shown in I.T returns filed by him from assessment year 199899 onwards and witness examined in respect of these policies could not even say who paid the premia unless original records are verified and on the other hand, total amount paid by father of accused officer towards premia for the policies stood in the name of accused officer is mentioned as Rs.3,76,766/ in his I.T returns and as such, additional expenditure of Rs.1,26,506.50 ps., is liable to be reduced from the total amount of expenditure and father of accused officer paid the said amount of Rs.3,76,766/ on behalf of accused officer out of love and affection and the said amount was shown in I.T returns for the years 199899 to 200304 and as such, the said amount paid by father of accused officer are to be treated as gift and to be added to the income or this item is to be deleted totally. It was further submitted that where two constructions are possible on the basis of 97 evidence, the one which favours the accused officer is to be taken in view of the settled law.
302. Refuting the same, learned Spl.P.P contend that since father of accused officer has no capacity to pay even premia for the policies stood in the name of accused officer, the defence plea that he paid premia for the three policies mentioned supra, cannot be believed without any evidence.
303. At the outset, it is pertinent to note that in Ext.P.148 explanation regarding this item, A.O categorically admits that he paid Rs.3,39,083/ towards L.I.C premiums for the policies stood in his name. Hence, when he himself admitted the payment of premium of policies to the extent of Rs.3,39,083/, he is estopped from contending at later point of time that his father alone paid the premiums on the ground that he had shown the alleged payment in I.T returns for the years 199899 to 200304.
304. Further, In first page of O.C of statement of income under Ext.D.3 an amount of Rs.66,417/ allegedly paid towards L.I.C policies was claimed as rebate. It is further mentioned that ‘paid as per receipts’. But, no such receipts are enclosed to
Ext.D.3. In Ext.D.4, no such amount towards L.I.C premiums was claimed as rebate U/sec.88 of Income Tax Act. Whereas, 1st page of Ext.D.5 again shows payment of Rs.66,417/ towards L.I.C premiums and rebate was claimed U/sec.88.
Even in this, though in 1st page it is simply mentioned that premium receipts are enclosed, no such receipts are enclosed. He did not mention either policy numbers or he paid premia for the three policies of accused officer on his behalf as gift. He simply mentioned some figure towards L.I.C policies and claimed tax exemption.
Hence, without any receipts showing the payment of L.I.C premium and particulars of policies in whose name they stood defence version of payment of premium to the extent of Rs.66,417/ each under Exts.D.3 and D.5 cannot be accepted.
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305. At Page 39 of written arguments of accused officer it is mentioned that the total amount paid by father of accused officer for the said three policies is arrived at as Rs.3,76,766/ only and it is reflected in his I.T returns and remaining expenditure out of Rs.5,03,272.50 ps i.e., Rs.1,26,506.50 ps which was spent under the two policies by outsiders and the said premia paid by father of accused officer out of love and affection was shown in I.T returns for the years 199899 to 200304 and as such it should be treated as gift and to be included in income. I.T returns from 199899 to 200304 means six years. But, at the time of oral arguments it was submitted that for three years he made the alleged payments. That apart, if really the said payment of premia amount was gift to accused officer out of love and affection, there is absolutely no reason for claiming deduction on such payment.
When father of accused officer admittedly retired in July,1994 payment of substantial amount of premium from 1999 for the policies of accused officer who was working as Asst.M.V.I and drawing decent salary, is so strange. Further, giving alleged gift to son by way of paying premium for his policies is quite unnatural.
Hence, the very defense version of payment of premia to the extent of more than
Rs.3,75,000/ towards mere premia for his son i.e., accused officer as gift cannot be believed. Policies covered under Exts.P.87 and 88 are deleted as they stood in
the name of third parties. Hence, viewed in all angles, the amount of
expenditure under Item No.4 is to be taken as Rs.3,39,083/ instead of
Rs.5,03,272.50 p.s.
Item No.6:
306. An amount of Rs.1,89,660/ is shown as educational expenses for children.
In explanation accused officer mentioned that he spent only Rs.94,000/ for the said purpose.
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307. In this connection, P.W.31 deposed in chief examination that the said amount of Rs.1,89,660/ was spent for education of five children of accused officer as per
Exts.P.67, 68 and 73 to 76 which were marked by consent.
308. Accused officer contend that concerned Head Master of the School, Principal or Accounts Officer were not examined to prove the expenditure and none of the staff members of the school where children allegedly educated, were examined and relevant documents are not placed on record in support of the same and as such, testimony of P.W.31 alone cannot be accepted without any evidence on record and entire amount under this item is to be deleted as not proved.
309. There is no dispute regarding the fact that accused officer was blessed with the daughters Neelima and Spandana and son Anil through his wife Vijayalakshmi.
310. In this connection, it is necessary to scrutinize Exts.P.67, 68 and 73 to 76.
Ex.P.67 is the letter addressed by the Principal, Chalapathi Residential School,
Guntur on letter head of the school to the Range Inspector, ACB stating that school provided free education to students Kum.P.Neelima from 199697 to 199899 and
Kum.P.Spandana from199798 to 200203 in view of an agreement between accused officer i.e., father of the said students and Principal of the said college as accused officer and his family members allowed the school to utilize the land adjacent to school for the purpose of play ground to students and both daughters of accused officer studied upto 10th class in their school. Ext.P.68 photostat copy of the agreement referred to in the letter was enclosed to Ext.P.67 letter.
311. Ext.P.73 is the letter addressed by Head Mistress of Montessori High School,
Kurnool, dated 22022003 to Range Inspector, ACB stating that he furnished particulars of fees paid by accused officer for his children P.Spandana for L.K.G. to 2nd class, P.Anil from 1st to 4th class and P.Neelima from 2nd to 5th class in response to the letter of Range Inspector seeking the said particulars. According to the said 100 letter, in total for the said three children accused officer, paid Rs.20,470/ towards fees.
312. Ext.P.74 is the letter dated 18082003 addressed by Principal, Layola Public
School, Nallapadu, Guntur to the Range Inspector on its letter head. In this letter particulars of fee paid for education of son of accused officer P.Anil in their school from 5th to 10th classes i.e., from 23061995 to 15032001 were given in response to the letter of Range Inspector. As per Ext.P.74 in total Rs.83,465/ was paid by
A.O towards fees.
313. Ext.P.75 is letter addressed by Principal, Sri Chaitanya Residential Boys'
College, Vijayawada on its letter head to Range Inspector, ACB in response to his letter seeking the fee particulars paid by accused officer to his son P.Anil. As per this letter, accused officer spent Rs.73,340/ towards fee for P.Anil for Junior Inter and Senior Inter. Ext.P.76 is letter addressed by Head Mistress, St.Joseph's Girls'
High School, Guntur on its letter head to Range Inspector, ACB who sought for particulars of fee paid by accused officer for his two daughters P.Neelima and
P.Spandana for studying 7th class and 3rd class respectively in their school. As per
Ext.P.76 A.O paid total amount of Rs.3,455/ towards fees.
314. Admittedly Exts.P.67, 68, 73 to 76 were marked by consent and concerned witnesses who were cited in the charge sheet were not examined due to consent of other side. Hence, accused officer cannot take advantage of his own consent given for marking the documents even without examining L.Ws.7, 35 to 38, who issued these letters. Hence, when prosecution had given up the said witnesses in respect of Exs. P.67, 68, 73 to 76 after giving consent, it is not open to accused officer to subsequently raise objection that concerned witnesses in respect of these documents were not examined and on that ground these documents cannot be considered.
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315. Be that as it may, though accused officer clearly mentioned in Ext.P.148 explanation that he spent Rs.94,000/ towards education expenses, he did not come forward to prove how he paid Rs.94,000/ only when total amount covered under
Exts.P.67, 68, 73 to 76 itself is more than Rs.1,80,000/.
316. Be that as it may, A.O paid the amount covered under Exts.P.152, 153 for the two daughters born through Sujathamma on 080895 and 040598 as per the discussion mentioned supra under the head payment of education expenses by A.O.
317. Since there is no dispute that A.O was blessed with two daughters namely
Neelima and Spandana and son Anil through his wife Vijayalakshmi, and Exts.P.67, 68, 73 to 76 coupled with the testimony of P.W.31 shows that A.O paid total amount of Rs.1,89,660/, the same can be safely taken into consideration.
Hence, prosecution has proved the educational expenses of Rs.1,89,660/
for five children.
Item No.7:
318. An amount of Rs.18,871.30 p.s is shown as expenditure incurred for medical expenses of accused officer's daughter Chandana. In this connection,
P.W.31/Investigating Officer deposed that during the search of house of accused officer at Narasaraopeta, 28 sheets of medical bills relating to treatment of his daughter Chandana at Apollo Hospital, Chennai were found and seized and as per the said Ex.P118 bills, he spent Rs.18,871/ towards consultation fee and medicines.
319. Accused officer denied the same in explanation as well as memo of written arguments. Accused officer further contend that Chandana is daughter of
Sujathamma and she might have paid the amount under the said bills and
Ext.P.118 bill does not show that the said amount was paid by accused officer and as such, this item is to be deleted.
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320. In the light of this, a scrutiny of Ext.P.118 shows that it contains 27 computerized bills except one bill issued by Apollo Hospital and Apollo Pharmacy.
As per the receipts, operation theater charges, consultant charges, treatment charges and charges for medicines and tests were received in respect of the patient
P.Chandana. Out of the 28 bills in Bill Nos.12 to 19, 21 to 27 computarized receipts of OutPatient Counter of Apollo Hospitals, Chennai, name of Ganapathirao is mentioned and amounts covered under these receipts were taken from accused officer towards his tests and treatment in the year 2001 and not for the treatment of
Chandana. Whereas no name is mentioned in bill No.20 dated 20112001. The remaining bill Nos.1 to 11 stood in the name of Chandana are of the year 1999 and out patient counter mentions the patient name as Baby Chandana and her age as one year. The said age of the patient indicates that she cannot herself pay the amount covered under these bills. The very fact that Ext.P.118 made up file which contains 27 bills was found in the house of accused officer in D.No.1176/4 (Jasmine House), Narasaraopeta and mixing of medical bills 1 to 11 of Chandana along with the medical bills of Ganapathirao of same Apollo Hospital leaves no doubt that he alone paid the amount of Rs.5,23222 p.s., covered under Bill Nos.1 to 11.
At no place name of Sujathamma is mentioned and she has no sources of income to pay the bills as discussed elaborately. Whereas, amount covered under bills 12 to 19 and 21 to 27 is 16,101.94 ps. Hence, total of the 26 medical bills leaving Bill
No.20 which does not contain any name, is 21,334.16 ps. From this it emerges that in total A.O paid Rs.21,334.16 ps towards treatment of himself and Chandana in
Apollo Hospitals, Chennai in the years 1999 & 2001. Hence, expenditure under this item is taken as Rs.21,334.16 p.s., instead of Rs.18,871.30 p.s.
Item No.9:
321. An amount of Rs.25,000/ is shown as expenditure incurred towards marriage expenses of Neelima daughter of A.O. Admittedly Ext.P.145 bills relating to this 103 expenditure in Ex.P.120 made up file were seized in the house of father of accused officer.
322. Accused officer contend that since marriage was performed at Samanasa
Village, entire expenditure relating to marriage was borne by father of accused officer and as such, bills relating to the same were found in his house and this item is to be deleted and Rs.25,000/ is to be taken as income of accused officer on the occasion of his daughter's marriage.
323. Ext.P.145 bills pertain to Sukanya Tent house, Vegetabls and provisions for the total amount of Rs.6,290/ though the bills for entire expenditure for the marriage are not found. Further, P.W.31/Investigating Officer deposed at Page 17 in chief examination that the said marriage took place on 03082001 which is nearly 7 years after the retirement of father of accused officer. Accused officer did not deny the said date of marriage of his daughter. Merely because marriage of accused officer's daughter was performed in his native place Samanasa and three bills in respect of the expenditure relating to the said marriage were found in the house of father of accused officer, it is ridiculous to contend that he alone spent entire amount for the marriage and accused officer is no way connected with it. Curiously contention of accused officer is not that not even Rs.25,000/ was spent for that marriage as it was simple and took place in his small native village. When amount of Rs.25,000/ towards marriage expenses is not denied, in the absence of any evidence in respect of spending Rs.25,000/ by father of accused officer defence version that his father who retired seven years prior to marriage as Teacher himself spent entire amount and, it must be treated as gift to accused officer and can be treated as his income cannot be accepted. Hence, the entire amount of
Rs.25,000/ can be taken into consideration.
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Item No.10:
324. It is shown as amount of Rs.5,250/ incurred towards traveling expenses by accused officer from Hyderabad to Shirdi and vice versa. Curiously though in explanation which is the very opportunity to explain about each and every item accused officer admits the amount, at Page No.41 of written arguments contend that as per Exts.P.95 and 96 tickets Rs.5,250/ was for four persons and P.W.27 who was examined in connection with these tickets and expenditure was Manager in
Vijetha Tours and Travels, but Ext.P.95 and 96 tickets were issued by S.R.K.Travels and none connected with S.R.K Travels was examined and on the date of travel, four
M.V.Is including accused officer visited Shirdi and accused officer never purchased tickets for the remaining three and simply ticket was issued in the name of accused officer and other three M.V.Is contributed their share of tickets to the accused officer and as such, ticket amount of accused officer i.e., Rs.1,313/ alone is to be taken as expenditure. In the light of admitting this expenditure in toto by accused officer in the very first opportunity in Ext.P.148 explanation, the defence version is quite contrary to that cannot be accepted. Hence, the amount of Rs.5,250/ is taken into consideration.
325. Item No.11 of expenditure towards car maintenance is discussed
elaborately under Item No.27 of assets. As per the findings mentioned in Item
No.27 of assets, Rs.12,751/ is taken as expenditure under this item.
326. Item No.12: No dispute.
Item No.13:
327.An amount of Rs.89,703/ is shown as expenditure towards payment of water tax, house tax, establishment charges etc., for the building bearing D.No.6 112 of Kamanagaruvu (Item No.2) and 6498 of Asok Nagar, Amalapuram (Item
No.3).
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328.In this connection, P.W.31/Investigating Officer at Page 19 deposed that particulars of the said amount were furnished by P.Ws.2 and 10 as per Exts.P.17, 18, 22, 50 to 52.
329.P.W.2/Panchayat Secretary, Kamanagaruvu Gram Panchayat clearly deposed that thethen Panchayat Secretary addressed Ext.P.17 letter dated 2602 2003 to Range Inspector stating that accused officer possessed two storied building in Kamanagaruvu panchayat imposed house tax and library cess of Rs.1,545/ for the year 19992000, Rs.2,224/ for the year 200102 and Rs.2,335/ for the year 200203 and an amount of Rs.9,000/ was estimated towards monthly rental value and Rs.1,545/ was collected towards house tax and library cess for the year 2000
01. He further deposed that Ext.P.18 made up file contains the proceedings of E.O.,
Kamanagaruvu Gram Panchayat dated 22031999 giving permission to accused officer for construction of the said building. Through P.W.2, Ext.P.19 which is the original of Ext.P.18, Ext.P.20 relevant entry relating to the said house of accused officer in Revision Register for the year 200102, Ext.P.21 relevant entry of the said house of accused officer at Page No.41 in assessment book for the period from 1996 2001 and Ext.P.22 entry at Page 41 for the year 200001 were marked.
330.P.W.10/Municipal Commissioner, Amalapuram deposed that his predecessor addressed Ext.P.50 letter dated 19022003 to Range Inspector, ACB,
Rajamahendravaram Range stating that Sri Peyyala Narayana Murthy/father of accused officer applied for building permission for ground and 1st floor and he was granted permission under Ext.P.51 and he paid license fee of Rs.6,890/ under challan dated 09011997 and the same was approved on 14021997 as per order under Ext.P.51 along with compounding fee of Rs.200/ under challan dated 1402 1997. P.W.10 further testified to the fact that the said applicant has applied for regularization of building in ground and 1st floor under B.R.S. Scheme along with penal amount of Rs.1,160/ and Rs.9,460/ under separate challans dated 2608 1998 and 31121998 respectively and the same was regularized on 23061999 and 106 the said applicant has applied for building permission for 2nd floor along with building license fee of Rs.560/ vide challan dated 12122000 and the same was returned and as per Ext.P.50 Rs.10,535/ was paid towards tap connection on 17 122002 and Rs.6,614/ was paid towards half yearly house tax for the said building bearing D.No.6498, Rs.390/ was imposed towards water tax and Ext.P.52 is the photo copy of approved plan for ground and 1st floor of the said house at Asok
Nagar, Amalapuram Municipality. P.W.10 was not cross examined.
331.It manifests that P.Ws.2 and 10 were not cross examined about Exts.P.18 to 22 in respect of house stood in the name of accused officer in Kamanagaruvu and
P.50 to 52 in respect of the house in the name of father of accused officer. Except denying the tax particulars mentioned in Ext.P.17 letter addressed by Panchayat
Secretary, Kamanagaruvu P.W.2 was not cross examined in respect of other aspects.
P.W.10 was not at all cross examined and his evidence remained unchallenged.
332.In explanation, accused officer contends that he paid only Rs.4,635/ towards house tax for the house bearing D.No.6112 and he has nothing to do with the house bearing D.No.6498 in Amalapuram Municipality.
333.Whereas at page 42 of memo of written arguments A.O admits payment of
Rs.7,649/ towards house tax for the building bearing D.No.6112 at
Kamanagaruvu. As per Ext.P.17 in addition to this A.O also paid regularization fee of Rs.376/. Hence, total amount of Rs.8,045/ was paid by A.O in respect of this house.
334.Accused officer contend that building bearing D.No.6498 in Amalapuram stood in the name of father of accused officer and tax paid by him cannot be added as his expenditure.
335.In the light of the discussion and findings in respect of this building under
Item No.3 of Assets A.O is actual owner of the same and he paid all the taxes 107 mentioned in Ext.P.50 and P.W.10 who deposed as to the contents in Ext.P.50 was not cross examined and his evidence remained unchallenged as mentioned supra.
Hence, the entire amount of Rs.89,703/ can be safely taken into
consideration.
Item No.14:
336. An amount of Rs.3,205/ is mentioned as expenditure incurred for payment of life tax etc., for Hero Honda Streak motor cycle bearing registration No. AP 5 G 1357. Accused officer contend that the said Hero Honda motor cycle admittedly stands in the name of father of accused officer and evidence on record establishes that certificate of registration stands in the name of father of accused officer and life tax was also paid by father of accused officer and as such, this item must be deleted.
337. Since motor cycle referred to in this item is that of father of A.O as per
the discussion and finding under Ext.P.25, this item of expenditure is deleted.
338. Thus, total expenditure incurred by A.O during check period
Rs.1,98,850.66 (Item No.1) + Rs.1,44,713/ (Item No.2) + Rs.3,60,972/ (Item
No.3) + Rs.3,39,083/ (Item No.4) + Rs.24,215/ (Item No.5) + Rs.1,89,660/
(Item No.6) + Rs.21,334.16 p.s (Item No.7) + Rs.1,250/ (Item No.8) +
Rs.25,000/ (Item No.9) + Rs.5,250/ (Item No.10) + Rs.12,751/ (Item No.11) +
Rs.6,800/ (Item No.12) + Rs.89,703/ (Item No.13) + (Item No.14 is deleted)
comes to Rs.14,19,581.82 p.s.
339. From the aforementioned discussion, oral and documentary evidence and findings arrived at on the items, the following consolidated statement emerged.
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340. FINALLY TALLY:
Total Income:Rs.13,56,277.23 p.s.
Total Expenditure:Rs.14,19,581.82 p.s.
Likely Savings:(−) Rs. 63,304.59 p.s.
Total Assets:Rs.76,39,070.95 p.s.
D.A.:Rs. 75,75,766.36 p.s.
341. On careful appraisal of evidence on record for the reasons mentioned supra
A.O was found in possession of disproportionate assets of Rs.75,75,766.36 p.s., for which he did not explain properly. Even if 10% of the disproportionate assets is treated as marginal as held by Hon'ble Apex Court in Krishnanand Agnihotri Vs.
State of M.P reported in AIR 1977 SC 796 it comes to Rs.7,57,576.63 p.s., which is also excess. Be that as it may, even if 20% as per the Government Memo
No.623/Special C/2008, dt.15102008 relied upon by A.O is applied, it comes to
Rs.15,15,153.27 p.s. which is also excess. I answer Point No.1 accordingly.
POINT No.2:
342. This factual scenario leads to inescapable conclusion that prosecution established that accused officer acquired assets worth Rs.75,75,766.36 p.s.
disproportionate to his lawful sources of income and accused officer miserably failed to satisfactorily account for its possession. It follows that accused officer acquired disproportionate assets to the tune of Rs.75,75,766.36 p.s., by dubious means and corrupt practices.
343. In view of the foregoing reasons, I answer Point No.2 in favour of prosecution.
Hence, prosecution has proved the guilt of accused for the offence under Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988 beyond reasonable doubt.
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344. In the result, accused is found guilty U/sec.248(2) Cr.P.C for the offence
U/Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988 and convicted accordingly.
Typed to my dictation by Stenographer, corrected and pronounced by me in open court on this the 6th day of December, 2019.
Sd/- A.Gayathri Devi
Special Judge
for Trial of SPE & ACB Cases, Rajahmahendravaram.
345. On questioning the accused under Sec.248(2) Cr.P.C with regard to quantum of sentence that may be imposed against him, he submitted as follows:
న పలలలర, భరర న మద అధరపడ వననరర. సరవసరల promotions ఇవవలదర, Government benefits ఇవవలదర. Mental agony క లనయరనర. దయ చచపయడ.
346.Considering the age and health condition of accused and nature of the case a lenient view is taken andaccused officer is sentenced to undergo Rigorous
imprisonment for 3 years and sentenced to pay a fine of Rs.50,000/ (Rupees
fifty thousand only) under Sec.16 of P.C. Act, 1988 and in default of payment of fine, to undergo simple imprisonment for a period of one year for the offence punishable under Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988.
347. The Assets worth of Rs.75,75,766.36 p.s., found disproportionate are to be confiscated to State after appeal time is over.
348. The period of detention, if any, undergone by accused officer shall be set off under Sec.428 Cr.P.C.
349. The bail bonds of AO shall stand cancelled after appeal time is over.
350. Accused is informed about his right to prefer appeal against the judgment of this court and entitled to avail legal aid for that purpose if he has no means.
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351. Free copy of the Calendar and Judgment shall be furnished to accused forthwith.
Typed to my dictation by Stenographer, corrected and pronounced by me in open court on this the 6th day of December, 2019.
Special Judge
for Trial of SPE & ACB Cases, Rajahmahendravaram.
APPENDIX OF EVIDENCE
LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION.
P.W1: M.Satyanarayana Raju
P.W2: Katta Satya Babu
P.W3: P.Srinivasa Rao
P.W4: B.Appala Narasimha Rao
P.W5: D.Anantha Padmanabham
P.W6: I.Vasantha Kumar
P.W7: K.Chandra Sekhar
P.W8: P.S.Murthy
P.W9: M.Ratna Raju
P.W10: Ch.V.V.S.Bapiraju
P.W11: N.Balayogeswara Rao
P.W12: Vijaya
P.W13: B.A.P.Sarma
P.W14: M.Naga Raja Reddy
P.W15: A.Venkata Narayana Kumar
P.W16: P.Satyanarayana Rajam Raju
P.W17: M.S.C.Bhaskara Rao
P.W18: T.Vara Prasad
P.W19: G.K.Viswanadham 111
P.W20: T.Peddabbai
P.W21: Md.Madani
P.W22: M.Veera Venkata Satyanarayana
P.W23: A.S.R.K.Srinivasa Sai
P.W24: D.Ramarao
P.W25: D.P.P.Ramu
P.W26: Ch.V.Umamaheswara Rao
P.W27: P.Venkata Rao
P.W28: T.Ravidranath Jayachandar
P.W29: P.N.Meena Saheb
P.W30: B.Chakrapani
P.W31: I.Venkateswarlu
P.W32: I.Sri Krishna
P.W33: P.J.Jaya Raju
LIST OF DOCUMENTS MARKED ON BEHALF OF PROSECUTION
Ext.P.1 : Letter dt.06022003 Ext.P.2 : Certified Copy of document bearing No.4880/1991 Ext.P.3 : Certified Copy of Sale Deed No.4068/96 Ext.P.4 : Certified Copy of Sale Deed No.2196/01 Ext.P.5 : Certified Copy of Sale Deed No.2197/01 Ext.P.6 : Certified Copy of Sale Deed No.1899/2000 Ext.P.7 : Certified Copy of Sale Deed No.1215/99, dt.130599 Ext.P.8 : Certified Copy of Sale Deed No.1167/01 Ext.P.9 : Certified Copy of Sale Deed No.783/02 Ext.P.10: Certified Copy of Settlement Deed No.632/2000 Ext.P.11: Certified Copy of Sale Deed No.4639/98 Ext.P.12: Certified Copy of Sale Deed No.3169/94, dt.010894 Ext.P.13: Certified Copy of Sale Deed No.1626/94, dt.090594 Ext.P.14: Certified Copy of Sale Deed No.2390/90, dt.130890 Ext.P.15: Certified Copy of Sale Deed No.3855/97, dt.280597 112
Ext.P.16: Certified Copy of Sale Deed No.3224/99, dt.141099 Ext.P.17: Letter dt.26022003 Ext.P.18: Made up file containing the proceedings of Kamanagaruvu Panchayat, dt.22031999. Ext.P.19: Original of Ext.P.18 Ext.P.20: Relevant entry at Page No.45 in Revision Register for the yar 200102. Ext.P.21: Relevant entry at Assessment No.1033 at Page No.41 in House Tax Demand Register for the year 19962001 Ext.P.22: Relevant entry at Page No.41 in the House Tax Demand Register for the year 19962001 Ext.P.23: Letter dt.06022003 Ext.P.24: Certified copy of sale deed No.14/1996, dt.060196 Ext.P.25: Letter, dt.22102003 Ext.P.26: Certified copy of sale deed No.714/1995, dt.27031995 Ext.P.27: Letter, dt.14022003 Ext.P.28: Abstract of account of S.B.A/c.No.6592 Ext.P.29: Abstract of account of S.B.A/c.No.9251 Ext.P.30: Abstract of account of S.B.A/c.No.6623 Ext.P.31: Original Term Deposit Receipt bearing No.209638 for Rs.1,00,000/ Ext.P.32: OriginalT.D.R.No.209637,dt.09042002for Rs.1,00,000/ Ext.P.33: OriginalT.D.R.No.209638,dt.08072002,for Rs.1,00,000/ Ext.P.34: OriginalT.D.R.No.209636,dt.09042002for Rs.1,00,000/ Ext.P.35: Made up file Ext.P.36: Xerox copy of cheque issued by P.C.Narayanamma in favour of M.Rama Raju for Rs.6,35,000/, dt.10092001 vide A/c.No.6623 Ext.P.37: Xerox copy of abstract of loan account of P.Narayana Murthy Ext.P.38: Letter, dt.11092003 Ext.P.39: Abstract of S.B.A/c.No.12181 of Accused Officer Ext.P.40: Letter, dt.09092003 Ext.P.41: Abstrat of S.B.Account. Ext.P.42: Letter, dt.02052003 Ext.P.43: Certified copy of document No.4206 of 1996 executed in favour of P.Ramakrishna Satya Sankara Bharati Ganapathi Rao Ext.P.44: Letter dt.22102003 Ext.P.45: Certified copy of sale deed No.4208/96 113
Ext.P.46: Receipt of Term Deposit bearing No.887570 issued by S.B.I, Amalapuram Branch Ext.P.47: Counterfoil for renewal F.D.R Ext.P.46 Ext.P.48: Letter, dt.14102003 Ext.P.49: Pay drawn particulars of the A.O from 9/1990 to 0704 1994 Ext.P.50: Letter, dt.19022003 Ext.P.51: Xerox copy of orders for construction of 1st floor Ext.P.52: Xerox copy of approved plan for ground and 1st floor at D.No.060498, Ashok Nagar, Amalapuram Ext.P.53: Letter, dt.13112003 Ext.P.54: Evaluation report alongwith general abstract and abstract estimates containing 17 sheets, dt.29072003 Ext.P.55: Letter, dt.13092003 Ext.P.56: Abstract of A/c.No.13071 Ext.P.57: Letter, dt.18092003 containing pay drawn particulars of A.O from 4/94 to 6/94 Ext.P.58: Letter vide R.No.1889/A1/03, dt.260903 alongwith pay drawn particulars from 2/95 to 7/95 Ext.P.59: Letter vide R.No.40/2003, S.A., Dt.30082003 alognwith pay drawn particulars of Accused Officer from 8/95 to 5/02 and xerox copy of service register of Accused Officer Ext.P.60: Copies of books of account Ext.P.61: Letter, dt.20082003 alongwith statement of average prices of paddy during the years 19892002 Ext.P.62: Letter, dt.06112003 Ext.P.63: Statement of costs of cultivation and yield of paddy from 19882002 Ext.P.64: BRegister extract of vehicle bearing No.AP 07 G 3335 in the name of A.O Ext.P.65: Letter, dt.25082008 Ext.P.66: Letter addressed by the Manager, Chalapathi Enterprises to Inspector, ACB, Rajahmundry Ranage, dt.27062003 Ext.P.67: Letter addressed by Principal, Chalapathi Residential School, Guntur, dt.05112003 Ext.P.68: Xerox copy of agreement, dt.05061996 Ext.P.69: Letter addressed by Manager, Indian Overseas Bank, Chittoor, dt.06112003 Ext.P.70: Xerox copy of statement of account beairng No.6304 Ext.P.71: Letter addressed by the Chief Accounts Officer, O/o.General Manager, Telecom, Guntur, dt.18032003 Ext.P.72: Xerox copy of application form for a telephone connection, dt.13101999 114
Ext.P.73: Letter addressed by the Head Master, Montessori High School, Kurnool, dt.20022003 Ext.P.74: Letter addressed by the Principal Layola Public School, Guntur, dt.18082003 Ext.P.75: Letter addressed by the Principal, Sri Chaitanya residential Boys’ College, Vijayawada, dt.18102003 Ext.P.76: Letter addressed by the Head Mistress, St.Joseph High School, Guntur, dt.23082003 Ext.P.77: Sec.161 Cr.P.C statement of P.W.20, dt.23052003 Ext.P.78: Xerox copy of letter, dt.11022003 Ext.P.79: Xerox copy of reply vide R.S.No.4271/B1/2003, dt.1402 2003 Ext.P.80: Xerox copy of letter, dt.12092003 Ext.P.81: Relevant portion in Sec.161 Cr.P.C statement of P.W.22, dt.23052003 Ext.P.82: Letter, dt.28012003 Ext.P.83: Abstract of statement of loan account of Accused Officer Ext.P.84: Letter, dt.27012003 Ext.P.85: Abstract of status report along with premium history vide Policy No.801729968 in the name of K.Aravind Ext.P.86: Abstract of status report alongwith premium history vide Policy No.801722802 in the name of I.Eswara Rao Ext.P.87: Abstract of status report alongwith premium history vide Policy No.801724951 in the name of I.Eswara Rao Ext.P.88: Abstract of status report alongwith premium history vide Policy No.801730529 in the name of P.Ramakrishna Ext.P.89: Policy bearing No.801724931 commencing from 280198 @ Rs.12,843/ half yearly premium Ext.P.90: Buch of statements of account for Policy Nos.801722802 and 801730529 Ext.P.91: Statement of account under policy No.801722802 of loan repayment Ext.P.92: Relevant portion in Sec.161 Cr.P.C statement of P.W.25, dt.23062003 Ext.P.93: Janata personal accident insurance policy bond vide Policy No.054079, dt.11091997 Ext.P.94: Cash receipt, dt.11091997 Ext.P.95: Money receipt, dt.27072002 Ext.P.96: Money receipt, dt.27072002 Ext.P.97: Search Warrant, dt.18012003 Ext.P.98: Search List, dt.23012003 Ext.P.99: Inventory Report, dt.23012003 Ext.P.100: Inventory Report, dt.23012003 115
Ext.P.101: Search Warrant, dt.18012003 Ext.P.102: Mediators report, dt.23012003 Ext.P.103: Inventory report, dt.24012003 Ext.P.104: Search Warrant, dt.18012003 Ext.P.105: Search List, dt.23012003 Ext.P.106: Mediators report, dt.23012003 Ext.P.107: Made up file relating to annual property statements of Accused Officer containing 75 sheets Ext.P.108: Proceedings of Joint Director, (Andhra) ACB, Hyderabad, dt.15012003 Ext.P.109: F.I.R., dt.17012003 Ext.P.110: Inventory Report Ext.P.111: Made up file relating to bank vouchers and other papers Ext.P.112: Made up file relating to building estimation papers and copies of title deed Ext.P.113: Made up file relating to electricity bills and receipts Ext.P.114: Made up file containing pass books relating to various banks Ext.P.115: Made up file containing cheque books Ext.P.116: Made up file containing income tax papers along with PAN card Ext.P.117: Made up file relating to L.I.C bonds and premium papers Ext.P.118: Made up file relating to medical expenditure bills Ext.P.119: Made up file relating to telephone bill of Accused Officer Ext.P.120: Made up file relating to miscellaneous receipts Ext.P.121: Made up file relating to copy of registered sale deed documents along with income tax returns Ext.P.122: Made up file relating to L.I.C Housing Finance Limited Ext.P.123: Made up file containing wedding card Ext.P.124: Made up file relating to land tax receipts etc. Ext.P.125: Made up file containing electricity bills and receipts Ext.P.126: Made up file relating to bank pass books, cheque books and receipts Ext.P.127: Made up file containing building plans Ext.P.128: Made up file relating to registered documents Ext.P.129: Made up file containing rent receipts and other bills Ext.P.130: Original gift deed in Ext.P.128 i.e., Doc.No.2150/2011, Page Nos.98 to 103 Ext.P.131: Installment receipt issued by Chalapathi Enterprises Ext.P.132: Original Sale deed of Ext.P.4 i.e., certified copy of sale deed No.2196/2001 Ext.P.133: Original Sale deed of Ext.P.5 i.e., certified copy of sale deed 116
No.2197/2001 Ext.P.134: Xerox copy of sale deed found during searches under Ext.P.98 Ext.P.135: Original sale deed of Ext.P.7 i.e., certified copy of sale deed No.1215/99 Ext.P.136: Original sale deed of Ext.P.9 i.e., certified copy of sale deed No.783/2002
Ext.P.137: Cheque counter foil bearing No.761441 for Rs.1,10,000/ of Vysya Bank. Ext.P.138: Cheque counter foil bearing No.776651 for Rs.5,25,000/ of Vysya Bank. Ext.P.139: Cheque counter foil bearing No.762481 for Rs.6,35,000/ of Vysya Bank. Ext.P.140: Original sale deed of Ext.P.14 i.e., certified copy of sale deed No.2390/90 Ext.P.141: Original sale deed of Ext.P.16 i.e., certified copy of sale deed No.3224/99 Ext.P.142: Bills in the name of accused officer relating to Ambassador Car (17 bills) Ext.P.143: F.D.R.No.62296847990 of S.B.H., Vijayawada Ext.P.144: Calculation table of house hold expenditure of Accused Officer Ext.P.145: Bills in three numbers in made up file i.e., Ext.P.120 Ext.P.146: Authorization vide O.O.RT.No.263, dt.27082015 Ext.P.147: Sanction order vide G.O.Ms.No.85, dt.19052006 Ext.P.148: Written explanation of Accused Officer, dt.01012004 Ext.P.149: Reminder notice. Ext.P.150: Letter D.T.C.(copy of rely dt.031103) Ext.P.151: Made up file Page 20 of Made up file No.120 sterilization certificate dt.08051997 Ext.P.152: Letter, dt.12062003. Ext.P.153: Letter, dt.23102003 Ext.P.154: Commission of Inquiries
Ext.X.1: Authorization letter vide Lr.No.2298/C1/2011, dt.2805 2011
Ext.X.2: Copy of authorization letter, dt.02062011 (Fax copy)
Ext.X.3: Authorization letter, dt.25082011 117
LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENCE
D.W.1: P.Sankar
D.W.2: Ch.Satyanarayana
D.W.3: S.Gangadhara Rao
D.W.4: Rama Krishnam Raju
LIST OF DOCUMENTS MARKED ON BEHALF OF DEFENCE
Ext.D.1:Proceedings of the Deputy Transport Commissioner, Nellore Sri Y.Jaya Kumar Reddy vide R.No.8/DTC/961, dt.160496 Ext.D.2:Proceedings of the Deputy Transport Commissioner, Nellore Sri Y.Jaya Kumar Reddy vide R.No.11/DTC/98, dt.160398 Ext.D.3:Income Tax returns filed by Sri P.Narayana Murthy, father of A.O for the Assessment Years 200001 Ext.D.4:Income Tax returns filed by Sri P.Narayana Murthy, father of A.O for the Assessment Year 200203 Ext.D.5:Income Tax returns filed by Sri P.Narayana Murthy, father of A.O for the Assessment Year 200304 Ext.D.6:Letter along with miscellaneous receipt
Ext.D.7:Acknowledgment
Ext.D.8:Office copy of notice
Ext.D.9:Attested copy of resolution dated 30041992
Ext.D.10:Certificate of panchayat secretary
Ext.D.11:Certificate
Ext.D.12:House tax details certificate
Ext.D.13:Certified copy of Sale deed No.64/63
Ext.D.14:Certified copy of Sale deed No.1636/60
Ext.D.15:Certified copy of Sale deed No.4543/56
Ext.D.16:Certified copy of Sale deed No.187/82 118
Ext.D.17:Certified copy of Sale deed No.473/77
Ext.D.18:Certified copy of Sale deed No.2356/76
Ext.D.19:Certified copy of Sale deed No.510/68
Ext.D.20:Certified copy of Sale deed No.960/66
Ext.D.21:Certified copy of Sale deed No.1457/66
Ext.D.22:Certified copy of Sale deed No.3970/65
Ext.D.23:Certified copy of Sale deed No.3895/64
Ext.D.24:Certified copy of Sale deed No.3767/80
Ext.D.25:Death Certificate of Payyala Narayana Murthy
Ext.D.26:Death Certificate of P.L.Narayanamma
MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION
NIL
Special Judge
For Trial of SPE & ACB Cases, Rajahmahendravaram.
119
C ALENDAR AND J UDGMENT
DISTRICT OF EAST GODAVARI DISTRICT
Calendar of Cases tried by the Special Judge For Trial of SPE & ACB Cases, Rajahmahendravaram
Calendar Case No.153/2018
Dates of: OccurrencComplainAppearanceCommenceClosure ofSentence etof accused ment oftrial trial 19.09.90 to 17.01.0318.12.0816.06.1016.03.1806.12.19 260103
Name of the Complainant: State represented by Range Inspector II, AntiCorruption Bureau, Rajamahendravaram Range, Rajamahendravaram. Name of the Accused: Sri P.R.K.S.S.B.Ganapathi Rao, S/o.Narayana Murthy, Asst. Motor Vehicle Inspector, Narasaraopeta, Guntur District.
Offence:U/Sec.13(2) r/w 13(1) (e) of P.C.Act, 1988.
Plea of the Accused: Pleaded not guilty
Finding of the Court : Found guilty
Judgment Pronounced: 06122019
Explanation for Delay:
The record in C.C.No.42/2008 was received by transfer from Special Judge,
SPE & ACB Court, Vijayawada as per proceedings of the Hon’ble High Court of
Judicature at Hyderabad for the State of Telengana & Andhra Pradesh in
G.O.Ms.No.131Home(CourtsA)Department,dt:02122016and
ROC.No.109/E1/07 dt:07122017 and the same is renumbered as
C.C.No.153/2018on the file of this Court in the month of April, 2018. Notice was issued to both sides. Thereafter accused made his appearance on 28062018.
Thereafter matter was heard, written arguments and citations were also filed for both sides and Judgment pronounced on 06122019.
120
Sentence or Order:
i)In the result, the accused is found guilty U/sec.248(2) Cr.P.C., for the offence U/sec.13(2) r/w 13(1) (e) of Prevention of Corruption Act, 1988 and convicted accordingly and he is sentenced to undergo Rigorous imprisonment for 3 years
and sentenced to pay a fine of Rs.50,000/ (Rupees fifty thousand only) under
sec.16 of P.C. Act, 1988 and in default of payment of fine, to undergo simple imprisonment for a period of one year for the offence punishable U/sec.13(2) r/w 13(1) (e) of P.C.Act, 1988.
ii)The Assets worth of Rs.75,75,766.36 p.s., found disproportionate are to be confiscated to State after appeal time is over.
iii)The period of detention, if any, undergone by accused officer shall be set off under Sec.428 Cr.P.C.
iv)The bail bonds of AO shall stand cancelled after appeal time is over.
v)Accused is informed about his right to prefer appeal against the judgment of this court and entitled to avail legal aid for that purpose if he has no means.
vi)Free copy of the Calendar and Judgment shall be furnished to accused forthwith.
Special Judge
for Trial of SPE & ACB Cases, Rajahmahendravaram. Copy Submitted to the Hon’ble High Court of Andhra Pradesh, Nelapadu, Guntur District.
Copies to:
1) The Spl.Public Prosecutor, ACB, Rajamahendravaram.
2) The Range Inspector II, AntiCorruption Bureau, Rajamahendravaram Range, Rajamahendravaram.
1
IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF SPE & ACB CASES ::
RAJAHMAHENDRAVARAM
Present: Smt. A. GAYATHRI DEVI,
Special Judge for Trial of SPE & ACB Cases,
Rajahmahendravaram.
Monday, this the 28th day of October, 2019
Calendar Case No.46/2018
Between:
The State Represented by Inspector of Police, AntiCorruption Bureau, Eluru Range, Eluru,
West Godavari District....Complainant.
AND
Sri Medidi Bulliah, S/o.Late Veerraju, 47 years, Deputy Executive Engineer, Special Minor Irrigation SubDivision, …Accused. Polavaram, West Godavari District.
This case has come up on 25.10.2019 for final hearing before me in the presence of Sri M.V.S.S.Prakasarao, Learned Special Public Prosecutor for the State Complainant and of Sri R.Suryanarayana, Advocates for Accused and the matter having stood over for consideration till this day, this Court doth the following:
J U D G M E N T
The state represented by Inspector of Police, AntiCorruption Bureau, Eluru
Range, Eluru, West Godavari District filed chargesheet in Cr.No.2/RCTEWG/2009 against the accused for the offence U/Sec.7 and 13(2) r/w.13(1)(d) of P.C.Act, 1988.
2.The case of prosecution in nutshell as per chargesheet is as follows:
(i)Defacto complainant is an agriculturist and one of the Directors of
Kothuru Tank Water Users Society, Polavaram. Due to floods in the month of
August, 2008 bunds of Kothuru Tank supply canal were cut causing damage to the crops. Special Minor Irrigation Department, Polavaram took up temporary flood relief works for canal bunds. Defacto complainant was nominated to take up temporary works for the canal bunds by the Society. The said work was estimated at Rs.1,90,000/ and defacto complainant had executed the work within the 2 stipulated time under the supervision of A.E and Deputy E.E (A.O) of Special Minor
Irrigation, Polavaram. Defacto complainant went around the office of A.O requesting him to prepare bills for the works executed by him and to forward the same for sanction.
(ii)On 200309 at about 1100 hours defacto complainant met A.O and requested him to take measurements of the works, prepare the bills and forward the same to higher officials for passing the bills since people were pressurizing him to repay their loans. A.O demanded him to pay Rs.20,000/ of bribe for the said purpose. Defacto complainant expressed his inability to pay the said amount and went away. Again on 210309 when defacto complainant met A.O for the said purpose, he reiterated his earlier demand. Finally on the request of defacto complainant A.O reduced the bribe amount to Rs.15,000/ and directed him to contact after making the money ready so that he would inform the time and place of collecting the bribe amount. As there was no alternative, defacto complainant reluctantly agreed to pay the bribe. As he was not willing to pay the bribe, presented a report to DSP, ACB, Eluru/L.W.15 on the next day i.e., on 220309 for taking necessary action. The said complaint was registered as case in Cr.No.2/RCT
EWG/2009 U/secs.7, 13(2) r/w 13(1)(d) of P.C.Act, 1988.
(iii)On 230309 at about 525 p.m., A.O was successfully trapped in the house of defacto complainant when he further demanded and accepted Rs.15,000/ of bribe from defacto complainant to do official favour and tainted amount was recovered from the possession of A.O and Chemical tests yielded positive result.
Hence, the said acts of accused officer constitutes offence U/sec.7 & 13(2) r/w 13(1)
(d) of P.C.Act. 1988 and he is liable to be punished accordingly.
3.On filing of chargesheet case was taken cognizance against the accused officer U/Sec.7 and 13(2) r/w. 13(1)(d) of P.C.Act, 1988 and summons was served on accused officer. On appearance of accused officer copies were furnished.
4.Upon hearing the counsel for accused officer charges under Sec.7 and 13(2) 3 r/w. 13(1)(d) of P.C.Act, 1988 against accused officer was framed, read over and explained to him for which he pleaded not guilty and claimed to be tried.
5.On behalf of prosecution P.Ws.1 to 12 were examined and Exs.P.1 to P.18, and M.Os.1 to 8 were marked.
6.On closure of evidence on prosecution side accused officer was examined under Sec.313 Cr.P.C., he denied the incriminating evidence and filed written statement.
7.On behalf of accused officer, D.W.1 was examined and no documents were marked.
8.Heard the Learned Spl.P.P. for prosecution and Learned Counsel for accused.
9.Perused the material on record and written arguments on both sides.
10.Now the points for determination are:
1) Whether prosecution proved demand, acceptance and
recovery of illegal gratification from accused officer?
2) Whether prosecution established charge against accused
officer under Sec.7 of P.C.Act, 1988 beyond all reasonable
doubt ?
3) Whether prosecution established charge against the
accused officer under Sec.13(1)(d) r/w 13(2) of P.C.Act,
1988 beyond all reasonable doubt ?
POINTS 1 to 3:
11. PROSECUTION CASE:
Sans the unnecessary details case of prosecution is, defacto complainant was one of the Directors of Kothuru Tank Water Users' Society, Polavaram which was nominated to take up temporary works to repair the damaged canal bunds by the
Society and he executed the said work within the stipulated time under the supervision of A.E and Deputy E.E (A.O) of Special Minor Irrigation, Polavaram and the defacto complainant roamed around the office of A.O and requested to repay 4 bills for th e work executed by him and forward the same for sanction and on 2003 09 when complainant met A.O and requested him to take measurements of the works, prepare the bills and forward the same for sanction on the ground that people were pressurizing him to repay their loans, A.O demanded Rs.20,000/ of bribe to do the said official favour and the defacto complainant expressed his inability to pay the amount and went away and again on 210309 when the defacto complainant met A.O and requested him to pursue his work, A.O reiterated his earlier demand and upon the request of defacto complainant ultimately A.O reduced the amount of bribe to Rs.15,000/ and directed the complainant to contact him after making the money ready for informing time and place of collection of bribe and as he was not willing to pay bribe, he gave report to L.W.15/DSP, ABC, Eluru range on 23022009 for taking necessary action and he registered the same as case in
Cr.No.2/RCTEWG/2009 U/secs.7, 13(2) r/w 13(1)(d) of P.C.Act, 1988.
12.It is also the case of prosecution that on 23022009 at about 525 p.am., A.O was trapped in the house of defacto complainant when he further demanded and accepted an amount of Rs.15,000/ for bribe from defacto complainant to do official favour and tainted amount was recovered from the possession of A.O in the presence of Mediators and chemical tests yielded positive result and as such, A.I is liable to be convicted Cr.No.2/RCTEWG/2009 U/secs.7, 13(2) r/w 13(1)(d) of P.C. Act, 1988.
13. DEFENCE OF ACCUSED:
Accused assailed the case of prosecution mainly on the following
grounds:
1) Accused officer is innocent and falsely implicated in this case.
2) Work was allotted to the President of Kotharu Tank water Users' Society, Polavaram and no agreement was entered between P.W.1 and Irrigation Department and he never executed the work of repairs to the bunds of Kothuru Tank Supply canal.
3) Accused officer neither demanded any bribe nor 5 accepted the same for the alleged official favour of preparing the bills.
4) P.W.1 is not the contractor of the work in question and as such, payment of bills to him does not arise.
5) No bills relating to the work in question were pending with the A.O by the date of trap.
6) No official favour relating to defacto complainant is pending with A.O.
7) Work bills would be given to President of the Society but not to others.
8) A.O gave spontaneous explanation during post trap proceedings itself that due to prior acquaintance defacto complainant took hand loan of Rs.20,000/ for agricultural purposes and when A.O pressurized to repay the hand loan he was falsely implicated in this case.
9) Pre and post trap proceedings allegedly tookplace under mediator reports are false and they are fabricated subsequently to suit the case of prosecution at the instance of ACB Authorities. A.O was on leave from 130109 to 220309.
14. LAW ON THE SUBJECT: It is expedient at this juncture to set out the relevant extracts of Sec.7 & 13(2) r/w 13(1) (d) of P.C.Act, 1988 under which the accused was charged :
“7. Public Servant taking gratification other than legal renumeration in respect of an official act :
whoever, being or expecting to be a public servant, accepts or obtains or
agrees to accept or attempts to obtain from any person, for himself or for any
other person, any gratification whatever, other then legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause(c) of Section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than three years but which may extend to seven years and shall also be liable to fine.” “13. Criminal misconduct by a public servant (1) A Public Servant is said to commit the offence of criminal misconduct ,
(d) if he, 6 (I) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage ; or (II) by using his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage ;
15. BURDEN OF PROOF:
Since demand of illegal gratification is the gravemen of the offence under Sec.7 & 13(2) r/w 13(1) (d) of P.C.Act,1988 burden is upon the prosecution to bring home charge under these two sections.
16. LEGAL POSITION: Learned Public Prosecutor placed reliance upon the following decisions regarding the essential ingredients of section 7 and 13 (1) (d) of P.C.Act, 1988 and
Legal Presumptions.
I. In Nayan Kumar Shivappa Waghmare Vs. State of Maharastra
reported in 2016(1) ALD (Cri.) 27 SC Hon'ble Apex Court erudite that under Sec.20 of P.C.Act, 1988 where it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed unless contrary is proved that he accepted or obtained or agreed to accept or attempted to obtain that gratification as a motive or reward as mentioned in Sec.7.
II. In Kalicheti Gopala Reddy Vs. State reported in 2016 (1) ALD (Cri.) 189 Hon’ble High Court under Secs.7 and 13 of P.C.Act, 1988 held that though P.W.1 was declared hostile, no inconsistent material was extracted in his crossexamination with reference to his earlier statements to discard his evidence more so when material particulars were amply corroborated by other witnesses.
III. In B.Vittalaiah Vs. State of A.P reported in 2015(2) ALD (Cri.) 776 the lordship succinctly held under Sec.7 of P.C.Act that A.O was not competent to do official favour by himself is of no consequence and it is sufficient to establish that public servant in abuse of his official position demanded bribe to get official favour done.
17.The learned counsel for accused officer placed reliance upon the following citations to buttress the contention of accused officer:
i) In Sirajuddin Vs. State reported in AIR 1971 SC 520 the Hon'ble Apex Court succinctly held as follows.
“Preliminary enquiry is necessary before lodging FIR whenever public servant is charged for serious misdemeanour”.
7 ii) In K.Giri Vs. State ACB, Hyderabad Range, Hyderabad reported in 2008(2) ALD Cri. 821 AP the lordship held as follows under Secs. 13(1(d), 13(2), 20 and 7 of P.C.Act, 1988.
“Demand and acceptance of bribe are treated as concomitant parts of offence and must be proved by prosecution and if either of two are not established, it is not possible for Courts to come to conclusion that person is guilty of offence punishable under Sec.13(1)(d) r/w 13(2) and if prosecution failed to prove acceptance of bribe question of raising presumption under Sec.20 does not arise.
iii) In State Vs. R.Krishnaiah reported in 2013(1) ALD Cri. 331 AP under Secs.7, 13(1)(d) and 13(2) of P.C.Act, 1988 the lordship of our own High Court held as follows. “In the absence of direct and circumstantial evidence showing demand of bribe from complainant alleged recovery of currency notes or chemical test yielding positive result is of no consequence.
iv) In M.Janardhan Vs. State of A.P reported in 2013 (1) ALD Cri. 337 AP under Secs. 7, 13 (1) (d), 13(2), 20 of P.C.Act, 1988 the lordship held as follows. “When there is no satisfactory and convincing evidence regarding factum of payment of bribe to accused officer, presumption under Sec.20(1) cannot be drawn.
v) In B.Jayaraj Vs. State of A.P reported in 2014(2) ALD Cri. 73 SC the lordships of Hon'ble Apex Court held that demand of illegal gratification is sine qua non to constitute offence under Sec.7 and mere recovery of currency notes cannot constitute offence under Sec.7 unless it is proved that accused voluntarily accepted money knowing the same as bribe amount and presumption under Sec.20 cannot be raised in the absence of proof of acceptance of gratification.
vi) Ratio laid down in B.Jayaraj Vs. State of A.P reported in 2014(2) ALD
Cri. 73 SC was followed in Trilok Chandra Mourya Vs. State reported in
2011(2) ALD Cri. 672 AP and Nutalapati Singhaiah Vs. State of A.P.
18.On the touchstone of these legal principles we shall now test the case of prosecution.
19. Both the learned counsel addressed copious arguments and abundant case law was pressed into service.
20.Before embarking upon the details, we shall now delve into oral and documentary evidence of prosecution to appreciate and weigh the competing contentions in respect of alleged demand for taking illegal gratification and acceptance of the same to bring home charge against the accused officer under 8 Sections 7 and 13(2) r/w 13(1)(d) of P.C.Act, 1988 and heavy duty is cast upon prosecution to prove demand as well as acceptance of bribe. Both aspects are treated as concomitant parts of the offence U/sec.13(1)(d) r/w 13(2) of P.C.Act, 1988. Therefore, it has to be seen whether prosecution has been able to establish beyond reasonable doubt the two aspects of demand and acceptance of illegal gratification by A.O from P.W.1. If either of the two is not established, it is not possible for Court to come to conclusion that accused is guilty of the offence punishable U/sec.13(1)(d) r/w Sec.13(2) of the Act..
21.To establish the case of prosecution, P.W.1/defacto complainant,
P.W.2/Agriculturist and resident of Pragadapalli, P.Ws.3 to 6 colleagues in the office of A.O. P.W.7/Mediator, P.W.8/thethen President of Kothuru Tank Water Users'
Society, P.W.9/thethen District Inspector, ACB, Eluru Range who conducted discreet enquiry, P.W.10/thethen DSP, ACB, Eluru Range, P.W.11/Inspector of
Police, ACB, Eluru Range who took up further investigation and filed charge sheet and P.W.12/Section Officer, who deposed about sanction were examined and
Exs.P.1 to P.18 and M.Os.1 to 8 were marked.
22.Out of PWs 1 to 11, PW7/Mediator, PW10/T.L.O/I.O, PW9/District Inspector,
PW11/ I.O relates to pre and post trap proceedings. In addition to this PW9 also conducted discreet enquiry about antecedents of PW1 and suspected officer and endorsed his report on Ex.P1 report and PW11/I.O took up further investigation and recorded the statements of PWs 6 and 8 and got recorded 164 Cr.P.C statement of
PW1 and filed charge sheet after obtaining sanction order. PWs 3 to 6 are staff in the office of A.O. Evidence of PWs 2 and 3 only relates to trap.
ALLEGED ENTRUSTMENT OR OTHERWISE OF WORK IN QUESTION TO PW1 /
COMPLAINT:
23.In view of the main defence that defacto complainant is neither contractor for the work in question nor executed the said work, at the outset it is necessary to analyse evidence on this point since the whole case of prosecution rests upon pivotal 9 point that work of repairing the canal bunds of Kothuru Tank Canal was executed by P.W.1/defacto complainant being one of the Directors of Kothuru Tank Water
Users' Society, Polavaram.
24.The fact that P.W.8/P.Venkata Pullarao was President and P.W.1/V.Rambabu was one of the Directors/members of Kothuru Tank Water Users Society, Polavaram, is not in dispute. In the very first para and introductary portion in Ex.P.1/report given by P.W.1/defacto complainant on 22032009 he narrated as follows regarding entrustment of work to him.
“............ August 2008 ల వచచన వరదల వలన కతతతరర చరరవ సపప కలరవక తతతలక మరమమతరతలర అనగ గటరట కత మరయర గగడప పడ పగటలర దబబ తననవ. దరమల పపభరతతమర వరరతతతలక వరద మరమమతరతల పరట మగజరర చస మ సగఘమర దతర nomination పదదతపప పనరలరజరపగచనగ ననర సదరర మరమమతరతలర చయవలసనదగ ననర t.c.మగబరర ఐనగదరవలన మ నట సగఘగ వరర సదరర మరమమతరతల పన నక అపపగగచ వననరర .”
Testimony of PW8 / President of Society
25.In this connection P.W.8/P.Venkata Pullarao, the/then President of Kothuru
Tank Water Users' Society, Polavaram clearly deposed in chief examination that
P.W.1/defacto complainant was one of the Directors out of six Directors in that
Society and all the contracts of repair works would be allotted in the name of
President and in the capacity of President of Society he inturn would entrust the work to one of the Directors or some of the Directors and the repair work with regard to Kothuru Water Tank bund was allotted to him in the capacity of President and he entrusted the work to P.W.1. In crossexamination he strongly denied the suggestion that there is no connection between the work in question and
P.W.1/defacto complainant. No suggestion was given to P.W.8 denying his version that all contracts relating to repairs of canal bund works would be allotted to him in the status of President of Water Users' Society and he inturn would entrust the work to one of the Directors or some of the Directors. Be that as it may no suggestion 10 was given denying his powers of delegating the contract of repairs to any of the
Directors of Water Users' Society. Hence, nothing useful to the case of defence was elicited from the President of Water Users' Society regarding the nature and extent of his powers to reentrust the work to any of the Directors of the society.
26. P.W.1/defacto complainant clearly deposed that by the date of trap he was one of the Directors/Member of Kothuru Tank Water Users' Society, Polavaram and there were heavy floods about 10 years back which caused breach in the canal bunds and damage of crops and at that stage, Irrigation Department entrusted the work of repairs to the bunds to Kothuru Tank Water Users' Society, Polavaram to the President/P.W.8 of the society who directed him to execute the said work.
27. P.W.4/thethen A.E/ Special Minor Irrigation, Sub – Division, Polavaram, employee in the office of A.O deposed in chief examination that though agreement was entered into with regard to the work in question with P.W.8/P.Venkata Pullarao work was done by P.W.1 on his behalf.
28. P.W.6/thethen Asst.Executive Engineer, in the office of A.O deposed that he knew P.W.1 and he did the repair work to the damaged bunds of Kothuru
Cheruvu on behalf of President of Water Users Society and on representation made by President of Water Users Society/P.W.8 he allotted the said work on nomination basis in his own hand writing.
29. The aforementioned evidence clinchingly shows that though repair work of
Kothuru tank supply canal was allotted in the name of President of Kothuru Tank
Water Users' Society/ P.W.8, he entrusted the said work to P.W.1 for execution of the same.
WHO EXECUTED THE WORK IN QUESTION:
30.In Ex.P.1 report it is clearly mentioned as follows.
“అటట మరమమతరత పనరలర మ పలవరగ మపనర ఇరగషన డ.ఈ గరర రత.190 లకకలక అగచనలర వస మమమలనర పన పపరగబగచమననరర. దన పప ననర సదరర పనన సకలగల పరతచస వనననర. సదరర పనరలర 11 చయరచరననపపడళర, సషల మపనర ఇరగషన అధకరరలర ఏ.ఈ గరర మరయర డపపట ఈ.ఈ గరర వచచ పనరలనర పరపవకకనచ వననరర.
31.In this connection PW8 / thethen President of Water Users' Society who entrusted the work to P.W.1 clearly deposed that the said work entrusted to P.W.1 was completed. Inspite of the same, no suggestion was given to the effect that work in question was not completed. PW8 was only suggested that there is no connection between the work in question and P.W.1 and he denied the same. Hence, work in question entrusted to P.W.1 was completed as per P.W.8 who entrusted the same.
32.Even P.W.1 as mentioned in Ex.P.1 report clearly deposed that he completed the work entrusted to him by PW8 / President within one month.
33.Even P.W.4/thethen A.E in the office of A.O also deposed that the work of temporary restoration of canal bund of Kothuru Water Tank was completed and he measured the same though he do not know personally who executed the work.
34.P.W.6/thethen Asst.Executive Engineer in the office of A.O also clearly deposed that P.W.1 did repair work on behalf of President of Water Users' Society.
35.The aforementioned evidence clinchingly shows that work in question was completed.
EX.P.7 MEMO OF DEPUTY EXECUTIVE ENGINEER/A.O DATED 25022009.
36.At this juncture, it is apposite to scrutinize the contents of Ex.P7 which throw sufficient light on crucial facts. The following contents in Ex.P.7 needs to be focused.
“పపన ఉదహరగచన సతచకలనర అనరసరగచ august, 2008 సగవతతరమరల సగభవగచన ఆకసమక వరదలక మపనర ఇరగషనర చరరవలర మరయర కవతడ కలరవ వరద పనరలక తతతలక వరద పనరలక సగబగథగచ Sri
A.Suresh Babu, Asst.Executive Enginneer (P.W.6)వరక ఈ కపగదపరతనన పనరలర ఒపపగగచ వననమర. వన వవరమరల జబత .”
37.After the aforementioned contents in 1st para of Ex.P.7, list of 29 works are mentioned. Admittedly work mentioned in S.No.10 is the work in question in this 12 case. The following contents under the list of works are crucial for proper appreciation of the case of prosecution.
“పపన పరతనన పనరలననయర Sri A.Suresh Babu, A.E.E వర ఆధతరపమరల పరత చస వననరర. ఈ జరగన పనరలర A.E.E వరర కలతలర తసరకనలదర. మరయర MBooks నగదర రకరరర చస యరగడలదర. సదరర
Asst.Executive Engineer వరర ద.28122008 నరగడ ద.20032009 వరక టపటనగగ నమతతమర
Hyderabad వలప వననరర .”
38.There is no denial regarding issue of Ex.P.7 proceedings by A.O. On the other hand, P.W.4/A.E was given suggestions by placing reliance upon Ex.P.7 proceedings. Hence, it is safe to rely upon the entire contents of Ex.P.7 for better appreciation of factual situation. The aforementioned contents in Ex.P.7 leaves no doubt regarding entrustment of 29 items of temporary works mentioned in Ex.P.7 to
P.W.6/Asst.Executive Engineer/Suresh Babu and under his supervision all the 29 works including the work relating to this case mentioned in S.No.10 of the list were completed and despite the same P.W.6/A.E.E failed to take measurements and record the same in Mbook and on the other hand, he went for in training at
Hyderabad from 28122008 to 20032009. Hence, P.W.6/A.E.E failed to do his duty of measuring the completed works including the work in question and record the same in Mbooks prior to going for training from 28122008.
Entrustment of work to PW4 under Ex.P7:
39.The following portion of Ex.P.7/proceedings dated 25022009 regarding entrustment of works to PW4 are crucial.
“ఈ జరగన పనరలక A.E.E వరర కలతలర తసరకనలదర. మరయర MBook నగదర రకరరర చస ఉగడలదర .” “...........కవన ఈ పనరలర చసన నట సగఘమర సభరపలర మరయర రపతరల బలరపలక పమగట కరక ఒతతడ చయరచరననరర. కవన పప పనరలననయర Sri B.R.Prasada Raju (P.W.4) వరతక న సమకకమరన పరసలగచ, కలతలర తసరకన బలరపలర తయరర చయవలసనదగ ఆదసగచడమపనద . ”
40.According to Ex.P.7 copy of it was marked to P.W.4. There is no denial 13 regarding the receiving of Ex.P.7 proceedings by P.W.4. Contents in Ex.P.7 manifests that since P.W.6/A.E.E who was entrusted with works including work in question failed to measure the completed works and record the same in Mbook and went for training to Hyderabad on 28122008 which was scheduled upto 20.3.2009 and members of water users association and farmers who completed the works have been pressurizing for payment under the bills A.O entrusted the works to PW4 and directed him to take measurements in his presence record them in M.Book and prepare bills. Hence, it is crystal clear from Ex.P7 that there was serious latches on the part of PW6/AEE in doing his part of work till he went for training on 28.12.2008.
41. The learned counsel for A.O canvassed that recording of measurements of the work done by P.W.1 by P.W.4 on 19032009 along with A.O and handing over of
M.Book to him on the same day is utterly false and if really the work is measured and noted in Mbook on 19032009 itself in the presence of P.W.1 he ought to have obtained signature of P.W.1 in M.Book and P.W.4 did not do the duty entrusted to him under Ex.P.7 proceedings till the date of trap on 23.3.2009 and to cover up the laches, and for the fear that ACB people may rope him with liability, he helped them by improper recording of work done only to the extent of one item subsequently and given M.Book directly to ACB people and alleged seizure of Mbook from the bag of
A.O on producing the same by Senior Assistant from the office table of A.O along with other records during Ex.P15 / post trap proceedings is utterly false.
42. Inter alia, learned Spl.P.P copiously argued that prosecution has proved the demand of A.O for illegal gratification of doing official favour of preparation of bills and sending the same for sanction and acceptance of bribe in the house of P.W.1 and recovery of tainted amount from the possession of A.O and presumption must be drawn under Sec.20 of the P.C.Act, 1988.
43. Case of prosecution suffers from the following serious infirmities in
respect alleged measurements of work in question, noting in M.Book, handing
14
over of the same to A.O and seizure of M.Book from the possession of A.O
though they are crucial points in very appreciation of case of prosecution
regarding demand and acceptance of illegal gratification.
44. P.W.4/Prasada Raju/A.E to whom the work of taking measurements readings in M.Books and preparing bills was entrusted under Ex.P.7 categorically admits as follows at page 3.
“It is true that as per the copy of memo (Ex.P.7) shown to me I was
directed to give bill also along with measurements taken by me. It is true that
I was given the said instruction on 25022009”.
In spite of the said admission, he denied the suggestion that because he failed to send bill along with Mbook though it was procedure, he deposed falsely.
PRESENCE OF P.W.1 OR A.O AT THE TIME OF ALLEGED MEASUREMENTS:
45.According to P.W.4 after P.W.6/A.E.E went for training A.O instructed him to look after the temporary restoration work of Kothuru tank bunds and by that time itself, the said work was completed and he measured the said temporary restoration work on 19032009 and noted the same in Mbook. He deposed as follows in that connection in chief examination.
“On 19032009 I measured the said temporary restoration work and noted the same in Mbook. Agreement was in fact concluded for Rs.1.9 lakhs nearly.
When I measured the work and valued, it came to nearly Rs.63,000/ only. I informed the same to A.O about not properly making the temporary restoration work as per agreement and measurements were taken physically only to the extent of work done. At the time of making physical measurements of the work done, P.W.1 was present. When I questioned P.W.1 about the shortage of work done, he informed that long back he did the said work and due to floods, some sand bags might have been washed and some persons might have removed the sand bags and sticks”.
15
46.In crossexamination at Page 3 regarding the alleged presence of P.W.1 at the time of taking measurements he deposed as follows.
“I do not remember that I did not mention the presence of P.W.1 at the time of taking the measurements in Sec.161 Cr.P.C statement. I also do not remember that
I did not mention in Sec.161 Cr.P.C statement about questioning P.W.1 about the shortage of work done and he stated that he did work long back and does not remember the same and records were seized from the bag of D.E.E (A.O) and that
A.O was caught at the house of P.W.1”.
47.In the light of this a simple glance at Sec.161 Cr.P.C statement of P.W.4 shows that he did not state about taking of measurements in the presence of P.W.1 and he himself mentioned about missing of sand bags, thatties and sticks as work was completed long back and he explained the same to A.O.
48.Further, P.W.4 never mentioned that in the presence of A.O he measured the work done by P.W.1 and noted the same in Mbook though in Sec.161 Cr.P.C statement he stated that he went for measuring the work on 19032009 along with
A.O.
49.Further, in Ex.P.15/Mediator Report No.III, regarding the seizure of records at office of A.O at pages 1 and 2 it is mentioned that when DSP examined P.W.4 at office during the said proceedings, he stated that the work in question was executed by complainant under the supervision of P.W.6/A.E.E who went for training and the work was estimated to Rs.1,90,000/ and completed during the month of
September, 2008 for estimated value and thethen A.E.E/P.W.6 is supposed to record the measurements in Mbook and A.O could have cross checked the measurements and bills would have been prepared for sanction of the same and they failed to do so and subsequently A.O gave written instructions to him on 2502 2009 to measure the works and record the same in Mbook and he went along with
A.O to the field on 19032009 and when measurements were taken for the work done by P.W.1, work was calculated to the tune of Rs.64,000/ because by that time 16 sand bags, thatties and pullies were missed and damaged as six months after completion of work the measurements were taken and the same was informed to
A.O and his superiors.
50.Even during Ex.P.15 proceedings P.W.4 did not whisper about presence of
P.W.1 at the time of taking measurements on 19032009 and P.W.1 explaining about missing of sand bags etc., when he questioned him about the shortage of work done as mentioned in chief examination. Hence, missing of sand bags etc., due to the delay in measuring the work, is his own imagination.
Absence of signature of PW1 in Ex.P8 / M.Book:
51.P.W.4 categorically admits that in Exs.P.8/Mbook wherein he allegedly noted the measurements of the work done by P.W.1, P.W.1 did not sign. In this connection, P.W.4 categorically admits as follows at Page 3.
“It is true that signature of contractor should be obtained in Mbook after
noting the measurements in token of accepting the measurements. There is no
signature of contractor in Mbook shown to me wherein I noted the
measurements”.
52.Thus it is quite evident that Mbook did not even contain the signature of
P.W.1 or President of Kothuru Tank Water Users' Society and P.W.4 made improvements on his statement about the alleged presence of P.W.1 during measurements and explanation of P.W.1 about shortage of work in question.
53.Even regarding presence of A.O, PW4 specifically deposed that he alone went for measurements of the property. That itself shows that the very Sec.161 Cr.P.C statement and the statement recording during Ex.P.15 proceedings that he went along with A.O on 19032009 and measured the work in question, cannot be believed. In the last sentence of Ex.P.7 proceedings it is clearly mentioned that
P.W.4 should take measurements in the presence of A.O only and prepare the bills.
The very testimony of P.W.4 that he alone went for measurements of the work done 17 by P.W.1 and noted the same in Mbook amounts to violation of the said instructions of A.O under Ex.P7.
54.In addition to this even according to P.W.4 he had given only Ex.P.8/Mbook to A.O on the same date i.e., 19032009 without signature of PW1 or President. He never mentioned that he prepared bill also as contemplated under Ex.P.7 proceedings and given the same to A.O along with Ex.P.8/Mbook. On the other hand P.W.4 denied the suggestion that after noting the measurements in Mbook it should be sent along with bill to A.O and deposed falsely as he failed to follow the procedure laid down in Ex.P7.
NONMENTION OF ALLEGED MEASUREMENTS OF SHORTAGE OF WORK IN
Ex.P.1:
55.If alleged taking of measurements for the work done by P.W.1 on 19032008 by P.W.4 along with A.O is true, P.W.1 ought to have mentioned in Ex.P.1/report
dated 22032009 which is only couple of days after alleged measurements since it
is a crucial fact which leads to the preparation of bill. But complainant did not whisper about the alleged measurements taken on 19032009 by P.W.4 or taking of measurements prior to that. In Ex.P1, he simply mentioned that A.O and P.W.6 supervised during the execution of work. He never whispered about taking of measurements at any time by anybody in entire report. Curiously even during trial,
P.W.1 did not depose about taking of measurements of the work at any time.
56.In Sec.161 Cr.P.C statement of P.W.1 also he did not whisper about the alleged taking of measurements on 19032009 or earlier by anybody. In Sec.164
Cr.P.C statement of P.W.1 which was recorded on 18042009 i.e., 25 days after recording of Sec.161 Cr.P.C statement for the first time he stated that P.W.6 and J.E have already taken measurements of the work done by him one month after completion of work and after lapse of eight months on completion of work, A.O and
P.W.4 came and again took measurements. The said part of taking measurements soon after completion of work and eight months after completion of work are 18 improvements made on Sec.161 Cr.P.C statement and totally omitted at the time of deposing in court.
57.P.W.4 mentioned about the alleged giving of Mbook to A.O on 19032009 itself during Ex.P.15/Mediator Report No.III proceedings, Sec.161 Cr.P.C statement and also in his testimony before the Court which is not supported by any positive evidence.
58.Further, P.W.5/Senior Assistant in the office of A.O also mentioned about the said taking of measurements and giving of the Mbook by P.W.4 to A.O in Sec.161
Cr.P.C statement as well as in Ex.P.15 proceedings. But, in Sec.161 Cr.P.C statement and Ex.P15 proceedings P.W.5 did not whisper about taking of the said measurements by P.W.4 on 19032009 along with A.O in Sec.161 Cr.P.C statement as well as Ex.P.15 proceedings. Hence, the only witnesses who spoke about alleged taking of measurements, noting the same in Mbook and giving Mbook by P.W.4 to
A.O are P.Ws.4 and 5. Out of them, P.W.4 alone stated about taking of measurements on 19032009 along with A.O in Sec.161 Cr.P.C statement and even he omitted to depose the same in his own testimony before the Court.
59.As per the version of PW1, in Ex.P.1 report though he roamed around the office of A.O for preparation of bills and sending the same for sanction only on 20 032009 and 21032009 when he went to the office of A.O and met A.O he demanded bribe of Rs.20,000/ and openly proclaimed that unless his demand is complied with, he will not attend to the work of preparation of bills and send the same for sanction and on 21032009 on request of A.O the bribe amount was reduced to Rs.15,000/. Though in Sec.161 Cr.P.C statement also he reiterated the same, in Sec.164 Cr.P.C statement curiously he stated for the first time that after lapse of eight months of completion of work, A.O and P.W.4 came and again took
measurements and after measurements A.O demanded him to pay Rs.20,000/
for preparation of bills and he failed to give any reply and on 21032009 he went to
A.O's office, met him personally and informed that he borrowed huge amounts at 19 exorbitant rates of interest and already eight months passed and therefore, he could not meet his demand for Rs.20,000/ and ultimately it was reduced to Rs.15,000/.
60.Interestingly PW1 did not whisper about meeting A.O in his office on 2003 2009 and demanding bribe of Rs.20,000/ at that place. He simply mentioned that after taking measurements A.O demanded him the said bribe of Rs.20,000/ which is neither mentioned in Ex.P1 report nor Sec.161 Cr.P.C statement or testimony
before the Court.
INCONSISTENCY AS TO ALLEGED TELEPHONIC CONVERSATION:
61. Another interesting angle is, according to Ex.P6/Mediator Report No.II after pretrap proceedings, when they started journey from ACB Office, P.W.1 made phone call to A.O as suggested by A.O earlier and asked him to specify the place of giving bribe and upon that A.O asked him to stay in his house at Pragadapalli itself and A.O would come to receive the amount.
62.Same is mentioned in Sec.161 Cr.P.C statement of PW1. Whereas in Sec.164
Cr.P.C statement of PW1 given before the Magistrate nearly 24 days after recording
Sec.161 Cr.P.C statement, complainant/PW1 stated at Page 2 that on 23032009 i.e., on the date of trap while he was in journey along with ACB officials and staff,
A.O himself called him over phone and enquired whether he got money and ready to come to the house and he told him that he arranged money and would come to the house and upon that A.O directed him to stay in the house itself and he would come to receive money and accordingly along with ACB people he reached his own house.
63.Regarding the alleged conversation between A.O and P.W.1 admittedly either
SIM card or cellphone of P.W.1 or A.O are not seized and voice samples of complainant and A.O were not obtained during investigation for sending the same to
Forensic Science Expert to compare with questioned voice. Further, P.W.10/T.L.O and P.W.7/Mediator deposed that they did not hear the conversation though P.W.1 carried on the alleged conversation in their presence P.W.10 simply deposed that in
Ex.P.6, version given by complainant about the said conversation is mentioned.
20 Hence, the only witnesses who were present at the time of alleged telephonic conversations between P.W.1 AND A.O after pretrap proceedings during journey admittedly did not hear the same.
SPOT EXPLANATION AND DEFENCE THEORY OF REPAYMENT OF LOAN:
64.Turning to the spot explanation during posttrap proceedings under Ex.P.6,
A.O stated that he knew the complainant since one year and he used to take hand loans from him and accordingly in the month of January, complainant has taken hand loan of Rs.20,000/ from him for agriculture purpose and complainant executed temporary works on Kothuru Cheruvu Supply Canal worth Rs.1,90,000/ and he entrusted preparation of bills pertaining to this work and complainant contacted him over phone today i.e., 23032009 and asked him to come to his house to take back the hand loan amount which was due to be paid and accordingly at about 1730 hours he came to the house of complainant and found him in the varendah and on the request of complainant he went into the house and sat in a chair and complainant gave him a wad of currency notes and he took the same with his right hand and kept the same in left shirt pocket.
TESTIMONY OF D.W.1/G.V.KRISHNA RAO
65.A.O examined D.W.1/Gurrala Venkata Krishna Rao to prove the defence theory of taking hand loan of Rs.20,000/ from him by P.W.1. In chief examination of D.W.1 he deposed that A.O is his neighbour and on 11012009 he went to the house of A.O for inviting him to the birth day of his daughter and at that time P.W.1 was present in the hall of A.O's house and in his presence A.O gave some amount to
P.W.1 and on counting the amount, P.W.1 stated that it was Rs.20,000/ and he would repay the same within one month and went away and when he questioned
A.O as to how he got acquaintance with P.W.1, he stated that P.W.1 is an agriculturist and for the purpose of agricultural expenses he borrowed the said amount of Rs.20,000/ from him. He further deposed that on 24032009 he came to know through news paper that A.O was caught by ACB officials on the ground of 21 taking bribe from P.W.1 and thereafter when he questioned A.O he informed that he was falsely implicated in this case by P.W.1 when he pressurized him to repay the amount borrowed from him. Even according to his spot explanation, in January, 2009 P.W.1 took hand loan of Rs.20,000/ from him and when he insisted for repayment he was falsely implicated. Even D.W.1 deposed in crossexamination that he got acquaintance with P.W.1 since 2007. In crossexamination he denied the suggestions that the alleged taking of hand loan from A.O in his presence on 11 012009, is false and only to help A.O he deposed falsely.
66.In view of the said defense version of taking amount from PW1 at his house, proceedings under Ex.P6/Mediators report No.II regarding recovery of tainted amount from A.O and testimonies of witnesses connected with the same need not be discussed.
67.Hence, though A.O admits that complainant called him over phone on the date of trap, he emphatically denied the alleged conversation of complainant asking him as to at which place he has to pay the bribe amount and accordingly he fixed the place of receiving bribe amount. When the very text of conversation between A.O and P.W.1 itself is in dispute there is absolutely no investigation on the said point by seizing the SIM cards, cellphones, obtaining voice samples and sending the same to expert for voice spectrography test. If really the said conversation is true, there is absolutely no reason as to why P.W.1 did not stick on to the same version and stated quite contrary in Sec.164 Cr.P.C statement that A.O himself called him and enquired about arrangement of amount.
68.Further, P.W.1 categorically admits his acquaintance with A.O for the past one year as stated by A.O in spot explanation during posttrap proceedings under Ex.P.6 though he denied the taking of hand loan of Rs.20,000/ from the A.O and his liability to pay the same and infact he paid the amount towards the said due.
69.Further, as mentioned supra, in spot explanation given by A.O itself, he stated about entrustment of preparation of bills pertaining to execution of temporary works 22 of Kothuru supply channel worth Rs.1,90,000/ by complainant. The aforementioned entrustment of the said work to P.W.4/Prasada Raju/A.E, is in consonance with Ex.P.7 proceedings extracted above. When even according to
P.W.4, though under Ex.P.7 proceedings he was entrusted with the work of preparation of bills also in addition to the work of taking measurements in the presence of A.O and entering the same in Mbook, the own testimony of P.W.4 coupled with Ex.P.8/Mbook does not show taking of alleged measurements in the presence of A.O and stamp of PW4 under his signature. Above all there is conspicuous absence of signature of P.W.1 who executed the work in Mbook under the noted measurements.
NOTING OF WORK IN QUESTION ALONE IN ENTIRE MBOOK:
70.Further more, the 1st page of Ex.P.8 shows that A.O issued this Mbook to
PW4 on 16042008 by signing and affixing his stamp with date. Curiously though according to P.W.4 on 19032009 he noted the measurements in this Mbook i.e., one year after issuing this note book to him curiously it does not show the noting of measurements of any other contract works except the work executed by P.W.1. As per Ex.P.7 dated 25022009 issued by A.O, PW4 was entrusted with the work of noting measurements in Mbook and preparation of bills with regard to 29 works including the work in question which is mentioned at S.No.10 in the list. Though 29 works including this work were entrusted to P.W.4 the very fact of noting measurements on 19.3.2009 only about the work in question in Ex.P8 / M.Book raises any amount of suspicion regarding actual taking of measurements or otherwise on 19032009.
71.Further, the very fact of P.W.4 stating in Sec.161 Cr.P.C statement about taking of these measurements on 19032009 by going along with A.O and deposing in his own evidence that he alone measured the work coupled with nonmention of taking alleged measurements on 19032009 by complainant either in report dated 22032009 or in his testimony before the Court creates any amount of doubt 23 regarding the said version of prosecution. If testimony of P.W.4 is taken into consideration, neither A.O nor staff in office of A.O were present at the time of alleged taking of measurements on 19.3.2009. There is absolutely no need to take measurements in mysterious or in top secret manner if it is correct and in accordance with Ex.P7.
72.P.W.5/Senior Assistant in the office of A.O categorically admits that he does not go for recording of measurements in Mbook along with officials of his office and as such, he does not know on what dates they measured the work. This admission goes against his statement during Ex.P.15/Mediator Report No.III proceedings that after written instructions dated 25022009 given by A.O to P.W.4, he recorded the measurements of the work in question in Mbook and submitted the same on 1903 2009 to A.O to check the measurements and for further process. PW5 further admits in cross examination that he had no personal knowledge even regarding who executed the repairs to Kothuru water tank. Since PW5 does not know any of these aspects, he is not competent to depose about the alleged recording of measurements, noting the same in Ex.P.8 Mbook by P.W.4 on 19032009 and giving the same to A.O.
ALLEGED SEIZURE OF Ex.P.8/M BOOK FROM PERSONAL BAG ON TABLE OF
A.O:
73.In this connection, P.W.10/DSP/T.L.O deposed at Page 4 of chief examination that after completion of Ex.P.6 proceedings under Mediator Report No.II he along with mediators and accused left the house of P.W.1 at 1025 p.m., and reached the office of A.O at 1045 p.m and he secured the presence of P.Ws.4 and 5 and he examined and recorded their statements and P.W.5/Srinivasarao produced records i.e., Exs.P.7 to P.13 which includes M.Book (Ex.P8) and P.W.5 had shown the personal bag of A.O on his office table and on verification he found 14 items in that bag and handed over the said items for safe custody. Even P.W.7/mediator deposed at Page 5 of chief examination that at 1025 p.m., entire trap team along with A.O 24 proceeded to his office and reached the same at 1045 p.m and PW4/A.E and
PW5/Senior Assistant and Junior Assistant were present and DSP recorded their statements and when DSP requested P.W.5/Senior Assistant to produce relevant record relating to the work of complainant, he produced Exs.P.7 to P.13 and DSP seized the said records including Ex.P.14 attendance register and on showing personal bag of A.O near his office table by P.W.5 DSP verified the same and found 14 items which were handed over to P.W.5.
ALLEGED PRESENCE OF A.O., HIS ROLE IF ANY IN PRODUCING Exs.P.7 TO
P.13 AND NONSEIZURE OF PERSONAL BAG:
74.In Ex.P.15 / Mediators Report III at Pages 2 and 3 statement given by
P.W.5/Senior Assistant when questioned by DSP is mentioned. In that relevant portion at Page 3, P.W.5/Sr.Asst stated that after recording measurements P.W.4 submitted Mbook on 19032009 and at present the records pertaining to complainant are with A.O and A.O is in practice of keeping office records with him in his personal bag and carries the same to his house at Rajahmundry from which place he comes daily to the office. It further mentions that on questioning by DSP,
P.W.5 produced personal bag of A.O which was kept by the side of table of A.O and
P.W.5 produced Exs.P.7 to P.13 pertaining to the works executed by complainant and DSP seized the said records along with bag. At Page 4 it is mentioned that there are some more documents found in the personal bag of A.O which are 14 in number and they were handed over to P.W.5 under acknowledgment for official purpose with instructions to produce whenever they are required by ACB Officials.
75.In this connection, P.Ws.4 and 5 who were allegedly present and whose statements were recorded in Ex.P.15 categorically admits that A.O was not present in the office when ACB officials came.
76.In entire proceedings under Ex.P.15 which runs into five pages, there is no whisper about DSP questioning A.O directly to produce the concerned records and recording his answer about the same which is quite unnatural when according to 25 prosecution AO was physically present throughout the proceedings along with the trap team. Further, even as per Ex.P.15 proceedings, DSP directly requested
P.W.5/Senior Assistant to produce the relevant records relating to work of P.W.1.
77.Further, curiously the alleged personal bag of A.O beside the table of A.O in the office Exs.P.7 to P.13 were found along with 14 other items which were returned to P.W.5. When that personal bag from which Exs.P.7 to P.13 including Ex.P.8/M book is important, according to Ex.P.15/Mediator Report No.III, the said personal bag was not seized. On the other hand, in the 1st sentence of last para at Page 3 of
Ex.P15 the words 'along with bag' were incorporated by putting 'x' mark after the word 'records'. In that connection P.W.7/Mediator deposed that he does not know whether personal bag of A.O was also handed over to Senior Assistant. He categorically admits that details of the bag as to colour, size and company not mentioned in Ex.P.15 and P.W.5 did not acknowledge the receipt of records from the personal bag of A.O in Ex.P.15 and there is correction in the date under the signature of A.O in Ex.P.15. He denied the suggestions that the version of seizing the records Exs.P.7 to P.13 from P.W.5 on producing the same by him by taking from personal bag of A.O, is false and P.W.5 did not produce personal bag and records and subsequently Mbook and connected records were created by mentioning recovery in Ex.P.15 at subsequent date.
78. P.W.10/T.L.O also admits that details of personal bag as to company, size and colour are not mentioned in Ex.P.15 and date under the signature of A.O in
Ex.P.15 was corrected and P.W.5/Senior Assistant did not endorse in Ex.P.15 that he acknowledged the records returned to him. He denied the suggestions that by fabricating Ex.P.8/Mbook subsequently it was shown as seized in Ex.P.15 which was scribed subsequently in his office and since no such personal bag of A.O was found in his office, details in respect of the same are not mentioned in Ex.P.15.
P.W.10 further admits that he did not seize the personal bag of A.O though it is mentioned in Ex.P.15.
26 SEIZURE OF Ex.P.8/MBOOK IN THE ABSENCE OF P.W.4:
79.PW4 / AE deposed that by the time he went to the office itself Ex.P8 / M Book was seized under Ex.P15. But according to the contents of Ex.P15 in the presence of PWs 4,5 and one Junior Assistant M.Book was seized and p.w.4 was present throughout the proceedings.
80.As the aforementioned factors mentioned in Ex.P.15 and stated by P.Ws.4 and 5 casts serious doubt upon the truth or otherwise of version of recording measurements of the work of P.W.1 by P.W.4, noting the same in Ex.P.8/Mbook and handing over of the same to A.O on that day itself. When according to prosecution, A.O was present during Ex.P.15 proceedings and when the same was denied by P.Ws.4 and 5 in their testimonies and not questioning A.O at all during
Ex.P.15 proceedings about connected records in his custody and the alleged personal bag of A.O found beside his table in the office and keeping Exs.P.7 to P.13 and 14 other books in that bag and producing the same by P.W.5 by stating that it is personal bag of A.O and he used to keep all the records in that bag and carry the same to his residence regularly and not seizing the said bag itself is highly suspicious.
81.More particularly when P.W.5 himself categorically admits at Page 2 that he does not know about the custody of records relating to the work of P.W.1 with A.O and on what dates the measurements of works were taken and recorded in Mbooks in that office and who in fact executed the work in question. Added to this, in
chief examination itself, he clearly deposed that when ACB officials requested
for records relating to the work in question, he informed that the said record
was not available with him and ACB officials themselves traced out the records
from the bag of accused officer. Hence, the very producing of Exs.P.7 to P.13 from the personal bag of A.O by P.W.5 as mentioned in Ex.P.15 found to be false from the said testimony of P.W.5.
27
82.Further, P.W.5 was not declared hostile though he deposed against the case of prosecution regarding seizure of records and measurements. Hence, the alleged seizure of Ex.P.8/Mbook along with Exs.P.7 to P.13 on producing them by P.W.5 from personal bag of A.O cannot be taken into consideration.
83.Even P.W.4/Ravi Prasada Raju, A.E who allegedly recorded measurements of the work done by P.W.1 in Ex.P.8/Mbook deposed in crossexamination that A.O was not present at that time and even seizure of Ex.P.8/Mbook was not done in his presence and by the time he went to his office, ACB officials have already seized
Ex.P.8/Mbook. Hence, the only witness left regarding the alleged seizure is P.W.5 and as mentioned supra, he never stated that he produced Mbook and other records.
84. Hence, the aforementioned serious discrepancies regarding seizure of
Ex.P8 / Mbook when A.O emphatically denied the giving of Mbook to him on 19 032009 and custody of Mbook along with him and contend that P.W.4 did not record the measurements on 19032009 and hurriedly recorded measurements of one item at the instance of ACB officials subsequently and handed over Ex.P.8/M book to them for the fear that he might be blamed and roped in on the ground of keeping the work of P.W.1 pending from 25022009 till the date of trap.
85.PW11 / I.O clearly deposed that A.E has to record measurements, prepare bills and submit them to D.E.E and Ex.P8 / M.Book did not contain the signature of
PW1. Even PW11 was suggested that M.Book was fabricated subsequently and seizure was shown and he denied the same.
ALLEGED SHORTAGE OF WORK:
86.Even P.W.4 was given the said suggestions of recording measurements of one item hurriedly when there are other items of work as per agreement and not doing this work till the date of trap from the date of entrustment of the work on 2502 2009 and P.W.4 denied the same. Curiously at Page 3 he mentioned that he had 28 gone through the agreement also before taking measurements but he does not remember how much meters of work should be done as per the agreement. Further,
P.W.4 himself stated during Ex.P.15 proceedings at Page 2 that the work which was executed by complainant was estimated to Rs.1,90,000/ and was completed during the month of September, 2008 for estimated value. But, P.W.4 deposed that when he measured the work, value of it was only Rs.63,000/. For the reason why it was so, he explained in chief examination that P.W.1 who was present at the time of taking physical measurements of the work explained when questioned about shortage of work, that as work was done long back, some sand bags were washed away due to floods and some persons might have removed the sand bags and sticks.
87.Material on record does not show that P.W.1 was present at the time of alleged taking of measurements by P.W.4 on 19032009 and explained as such. Even M book did not contain the signature of P.W.1 who executed the work though it is mandatory. Further, even in Ex.P.1 report which was given two days after the alleged taking of measurements he did not whisper about the alleged taking of measurements, noting the same in Mbook on 19032009 and work was only valued as Rs.63,000/ though the work was done for estimated value of
Rs.1,09,000/ and due to washing away of sand bags and removing of sand bags and sticks by unscrupulous elements, the shortage of work was noted. When this is crucial fact and so much of shortage of work reduces even bill amount to be given, the very nonmention of these crucial facts in Ex.P.1 report shows that alleged shortage of work is also highly doubtful.
88.When A.O contend that the amount of Rs.15,000/ was given by P.W.1 towards the amount due under the hand loan of Rs.20,000/ taken from him in
January, 2009 and the same was mentioned by A.O even in spot explanation during post trap proceedings and examined DW1 in that connection and went to the house of P.W.1 by A.O along with Head Mazdoor and driver of his office in official car, it cannot be said that mere recovery of the said amount from A.O itself proves demand 29 and acceptance of illegal gratification. The material on record as placed by prosecution and explained supra, shows that demand of bribe for illegal gratification of doing official favour is highly suspicious and the work of preparing bills and taking measurements as per Ex.P.7 proceedings entrusted to P.W.4 was still pending by the date of trap in the hands of P.W.4 and he himself admits that he did not prepare bills. As mentioned supra, even recording of measurements and noting the same by P.W.4 in Ex.P.8/Mbook is highly doubtful.
NO PRIOR PERMISSION OR INTIMATION TO P.W.8:
89.Admittedly work in question was allotted to PW8/President and bills will be given to him only and not to PW1. It is not the case of PW1 that he obtained any prior permission from PW8 to give report to ACB authorities or appraising him about the alleged acts of A.O and developments after report till trap and arrest of A.O. No prior intimation or consent obtained from PW8 who was allotted work in question.
NO ROLE TO P.W.1 AFTER COMPLETION OF WORK:
90.Further after completion of work entrusted to PW1, infact PW8 must get the measurements of work and prepare the bills. In 161 Cr.P.C statement of PW8 /
President he stated that bills/cheques after work would be issued in the name
of President and through President only amount would be given to PW1. PW8
also deposed that bills would be given to him only and he entered into
agreement regarding the work in question. PW8 never deposed that he got knowledge about the alleged demand and acceptance of bribe from PW1 to do official favour. Hence, it is clear from his testimony that PW1 neither appraised the alleged acts nor taken prior permission from PW8 for giving report to ACB etc. Though in chief examination, PW8 deposed vaguely that on one occasion he even addressed letter to A.E to sanction bill to PW1, he could not give any details of the same in cross examination. On the other hand he categorically admits that he did not whisper about any such letter in 161 Cr.P.C statement.
30
91.From the discussion mentioned supra it is strange that PW1 went to the extent of giving Ex.P1 report about work in question after completion of work against
A.O to ACB authorities without even prior permission and not even appraised him of the developments upto arrest of A.O after report though his job ends with completion of work.
92.In the instant case, when A.O issued proceedings under Ex.P.7 by clearly mentioning the fact of P.W.6/A.E.E went for training on 28122008 without taking measurements and recording the same in Mbooks though it was his duty with regard to the 29 completed works mentioned therein as there was pressure for payment of bills by the persons who completed the work, he fairly entrusted the work of taking measurements, recording in Mbooks and preparing bills to
P.W.4/A.E.E on 25022009 and there is unimpeachable material on record to show that P.W.4 did not complete the said entrusted work of taking measurements, recording in Mbooks and preparing bills. Further, prosecution did not fairly project the factual situation of laches on the part of P.W.4 and seizure of Mbook which are crucial for appreciating the case of prosecution.
TESTIMONY OF P.W.1/COMPLAINANT:
93.Though there may not be evidence regarding demand for illegal gratification except the sole testimony of complainant in many trap cases, unless testimony of complainant is consistent, cogent, convincing and reliable, demand of bribe cannot be said to be proved.
94.In the instant case there is no circumstantial evidence on record regarding alleged demand for illegal gratification. It is not the case of complainant that in the presence of staff or third parties alleged demand was made. Hence, except the sole testimony of P.W.1 there is no material on record to prove the alleged demand.
95.PW1 defacto complainant did not depose about the alleged incidents of demanding bribe on 20.3.2009 and 21.3.2009 though in Ex.P1 report he narrated them in detail. In chief examination PW1 simply deposed that A.O made him go 31 around his office several times without completing the bills and he approached ACB authorities. Though he deposed that he informed ACB authorities about demand
Of 15000/ by AO for completion of work, a little later in chief examination itself he deposed that he gave Rs 10,000/ to AO when he asked for miscellaneous expenses.
PW1 was declared hostile and his 161 Cr.P.C statement was marked as Ex.P2. In cross examination he admits prior acquaintance with A.O since one year and simply signing in papers in ACB office without going through the contents and acting as per the dictates of ACB authorities.
96.On the top of it P.W.1 did not whisper as to alleged measurements dated 19 032009 or shortage of work. As mentioned supra P.W.1 did not whisper the same in Ex.P.1 also. This fact further reflects the truth or otherwise of alleged measurements and shortage of work.
97.Solitary testimony of P.W.1 as to alleged demands of bribe and acceptance of tainted amount as illegal gratification for doing the official favour do not inspire confidence in the light of the discussion mentioned supra.
98.There is no need to emphasize the point that demand of illegal gratification is essential both under Secs.7 and 13 (1) (d) of P.C.Act, 1988 and proof of acceptance of gratification is essential precondition for raising presumption U/sec.20 of P.C.Act, 1988. In the absence of use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage, demand of illegal gratification cannot be said to be proved.
99.Though alleged demand of bribe and acceptance of amount as bribe are emphatically denied by accused officer, prosecution did not come forward with any cogent and convincing evidence in respect of the same as mentioned supra and on the other hand, there are serious infirmities as elaborated in the foregoing paras. It is established law that mere recovery of tainted amount in the absence of proof of demand and acceptance is not sufficient to base conviction.
32
100. The sum and substance of the above reasoning and material infirmities in the case of prosecution shows that there is no acceptable and clinching evidence to prove that there was demand of bribe and that accused officer accepted the amount as a motive or reward for doing an official act or for showing a favour to the complainant in exercise of his official functions. The mere fact that colour of the solution in which the hands of accused were washed turned to pink would hardly be of any consequence when there is no acceptable and clinching evidence.
101. `Viewed in all angles, the aforementioned circumstances do generate a serious doubt about veracity of evidence of prosecution witnesses regarding demand and acceptance rendering plausible thereby the defense theory of, by repaying hand loan taken in January, 2009 he falsely implicated accused officer.
Hence, presumption under Section 20 of PC Act, do not apply.
102. This factual scenario leads to irresistible conclusion that prosecution has miserably failed to prove either demand or acceptance of alleged bribe by accused officer beyond reasonable doubt for the offence punishable under Sec.7 and 13(2) r/w 13(1) (d) of P.C.Act, 1988. Hence, accused officer is not guilty for the offence under Sec.7 and 13(2) r/w 13(1) (d) of P.C.Act, 1988 and he is liable to be acquitted.
Hence, I answer the Points 1 to 3 accordingly against the prosecution.
103. In the result, Accused Officer is found not guilty for the offence under Secs.7, 13(2) r/w 13(1)(d) of P.C.Act, 1988 and accordingly, he is acquitted for the said offence under Sec.248(1) Cr.P.C. The bail bonds of Accused Officer shall be in force for a period of six months. M.O.3/tainted amount of Rs.15,000/ shall be confiscated to state after appeal time is over. M.Os. 1, 2, 4 to 8 shall be destroyed after appeal time is over.
Typed my dictation by Stenographer, corrected and pronounced by me in open court on this the 28 th day of October, 2019. Sd/ A.Gayathri Devi
Special Judge
for Trial of SPE & ACB Cases, Rajahmahendravaram.
33
APPENDIX OF EVIDENCE
LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION.
P.W1: V.Rambabu P.W2: T.Venkata Giri P.W3: D.Abbulu P.W4: B.K.R.Prasad Raju P.W5: S.Srinivasa Rao P.W6: A.Suresh Babu P.W7: S.V.R.Murthy P.W8: P.V.Pulla Rao P.W9: T.Kanaka Raju P.W10: G.S.N.Murthy P.W11: S.Bhushanam Naidu P.W12: K.Babu Rao
LIST OF DOCUMENTS MARKED ON BEHALF OF PROSECUTION
Ex.P.1 : Report of P.W.1 Ex.P.2 : Sec.161 Statement of P.W.1 Ex.P.3 : Copy of FIR Ex.P.4 : Mediator Report No.1 Ex.P.5 : Rough Sketch Ex.P.6 : Mediator Report No.2 Ex.P.7 : Made of file relating to Kothuru Kaluva Ex.P.8 : M.Book Ex.P.9 : Log Book Ex.P.10 : Personal Diary Ex.P.11 : Rough Note Book Ex.P.12 : Rough Note Book Ex.P.13 : Rough Note Book Ex.P.14 : Attendance Register Ex.P.15 : Mediator Report No.3 Ex.P.16 : F.I.R. Ex.P.17 : Authorisation Ex.P.18 : Sanction Order G.O.Ms.26 34
LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENCE.
D.W.1: G.Venkata Krishna Rao
LIST OF DOCUMENTS MARKED ON BEHALF OF DEFENCE.
NIL
MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION
M.O.No.1 : Sodium carbonate Powder M.O.No.2 : Phenolphthalein Powder M.O.No.3 : Tainted amount Rs. 15,000/ M.O.No.4 : Shirt of A.O M.O.No.5 : Sample of Sodium Carbonate powder M.O.No.6 : Resultant Solution of Right hand finger of A.O M.O.No.7 : Resultant Solution of Left hand finger of A.O M.O.No.8 : Resultant Solution of inner lining of Shirt of A.O
Sd/ A.Gayathri Devi
Special Judge
for Trial of SPE & ACB Cases,
Rajahmahendravaram.
//true copy//
Special Judge
for Trial of SPE & ACB Cases,
Rajahmahendravaram.
35
C ALENDAR AND J UDGMENT
DISTRICT OF EAST GODAVARI DISTRICT
Calendar of Cases tried by the Special Judge For Trial of SPE & ACB Cases, Rajahmahendravaram
Calendar Case No.46/2018
Dates of: OccurrenceComplaintAppearanceCommenceClosure ofSentence of accused ment oftrial trial
Prior to22.03.0928.09.1001.10.1814.05.1928.10.19 22.03.09
Name of the Complainant: The State Represented by Inspector of Police, AntiCorruption Bureau, Eluru Range, Eluru, West Godavari District.
Name of the Accused: Sri Medidi Bulliah, S/o.Late Veerraju, 47 years, Deputy Executive Engineer, Special Minor Irrigation SubDivision, Polavaram, West Godavari District.
Offence: U/Sec.7 & 13(2) r/w 13(1) (d) of P.C.Act, 1988.
Plea of the Accused: Pleaded not guilty
Finding of the Court : Found not guilty
Judgment Pronounced: 28.10.2019
Explanation for Delay:
The record in C.C.No.33/2010 was received by transfer from Special Judge,
SPE & ACB Court, Vijayawada as per proceedings of the Hon’ble High Court of
Judicature at Hyderabad for the State of Telengana & Andhra Pradesh in
G.O.Ms.No.131Home(CourtsA)Department,dt:02122016and
ROC.No.109/E1/07 dt:07122017 and the same is renumbered as
C.C.No.46/2018 on the file of this Court in the month of April, 2018. Notice was issued to both sides. Thereafter accused made his appearance on 10.09.2018.
Thereafter matter was heard, written arguments and citations were also filed for both sides and Judgment pronounced on 28.10.2019.
36 Sentence or Order:
In the result, Accused Officer is found not guilty for the offence under Secs.7, 13 (2) r/w 13 (1) (d) of P.C.Act, 1988 and accordingly, he is acquitted for the said offence under Sec.248(1) Cr.P.C. The bail bonds of Accused Officer shall be in force for a period of six months. M.O.3/tainted amount of Rs.15,000/ shall be confiscated to state after appeal time is over. M.Os. 1, 2, 4 to 8 shall be destroyed after appeal time is over.
Sd/ A.Gayathri Devi
Special Judge
for Trial of SPE & ACB Cases,
Rajahmahendravaram.
Copy Submitted to the Hon’ble High Court of Andhra Pradesh, Nelapadu, Guntur District.
Copies to:
1) The Spl.Public Prosecutor, ACB, Eluru.
2) The Deputy Superintendent of Police, AntiCorruption Bureau, Eluru Range, Eluru.
//true copy//
Special Judge
for Trial of SPE & ACB Cases,
Rajahmahendravaram.
IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF SPE & ACB CASES,
RAJAHMAHENDRAVARAM
Present:Smt.A.Gayathri Devi,
Special Judge for Trial of SPE & ACB Cases,
Rajahmahendravaram
Monday, this the 30th day of December, 2019
C.C.No.142/2018
Between: The State, Rep.by Inspector of Police, Anti Corruption Bureau, Eluru Range, Eluru, W.G.District. … Complainant
And
Sri Marisetty Potha Raju, S/o.Late Apparao, Age 56 years, Formerly Civil Supplies Revenue Inspector, Office of the Mandal Revenue Officer, Palalakoderu Mandal, West Godavari District, Now Sr.Assistant, Office of the R.D.O(Now under suspension),
Eluru, W.G.District. ... Accused Officer
This petition coming on this day for final hearing before me in the presence of Sri M.V.S.S.Prakasarao, Spl.Public Prosecutor for complainant and Sri A.Raghavarao, Advocate for Accused and the matter having stood over for consideration this Court delivered the following :
O R D E R
The state represented by Inspector of Police, Anti Corruption Bureau, Eluru
Range, Eluru, W.G.District filed chargesheet in Cr.No.29/ACBRCA EWG/2002 against the accused for the offence U/Sec.13(2) r/w 13(1)(3) of P.C.Act, 1988.
2.Prosecution filed memo enclosing Death Certificate and letter of
Commissioner, Bhimavaram Municipality stating that Death Certificate filed by counsel for deceased Accused Officer is genuine. In view of the same, case is abated against Accused Officer.
Pronounced by me in open Court on this the 30th day of December, 2019.
Special Judge
for Trial of SPE & ACB Cases, Rajahmahendravaram.
Copy to Inspector of Police, Anti Corruption Bureau, Eluru Range, Eluru,
W.G.District.
IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF SPE & ACB CASES,
RAJAHMAHENDRAVARAM
Present:Smt.A.Gayathri Devi,
Special Judge for Trial of SPE & ACB Cases,
Rajahmahendravaram
Monday, this the 16th day of March, 2020
C.C.No.32/2018(Old C.C.21/2013)
Between: The State, Rep.by Range InspectorI, Anti Corruption Bureau, Rajahmundry Range, Rajahmundry. … Complainant
And
Peethala Kotnis Babu @ Peethala Doctor Kotnis Babu, S/o.Late Joseph, Aged 54 years, Formerly Divisional Panchayat Officer, Rajahmundry Division, Rajahmundry,
East Godavari District. ... Accused Officer
This case coming on this day for verification before me in the presence of Sri P.Seshaiah, Spl.Public Prosecutor for complainant and Accused Officer reported died and the matter having stood over for consideration, this Court delivered the following :
O R D E R
The state represented by Range InspectorI, Anti Corruption Bureau,
Rajahmundry Range, Rajahmundry filed chargesheet in Cr.No.18/RCTRJY/2010 against the Accused Officer for the offence U/Sec.7, 13(2) r/w 13(1)(d) of P.C.Act, 1988.
2.Death Certificate of A.O is filed by prosecution. In view of death of A.O case is abated.
Pronounced by me in open Court on this the 16th day of March, 2020.
Special Judge
for Trial of SPE & ACB Cases, Rajahmahendravaram.
Copy to Range InspectorI, Anti Corruption Bureau, Rajahmundry Range,
Rajahmundry.
IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF SPE & ACB CASES,
RAJAHMAHENDRAVARAM
Present:Smt.A.Gayathri Devi,
Special Judge for Trial of SPE & ACB Cases,
Rajahmahendravaram
Friday, this the 22nd day of November, 2019
C.C.No.25/2018
Between: The State, Rep.by District Inspector, Anti Corruption Bureau, Rajahmundry Range, Kakinada, E.G.District. … Complainant
And
Sri Bavirisetti Venkata Ramana Rao @ Venkata Ramana, S/o.Ramakrishna Rao, Aged 50 years, Revenue Inspector, CircleI, Municipal Corporation, Rajahmundry,
East Godavari District. ... Accused Officer
This petition coming on this day for final hearing before me in the presence of Sri P.Seshaiah, Spl.Public Prosecutor for complainant and Sri P.Ramarao, Advocate
for Accused and the matter having stood over for consideration this Court delivered
the following :
O R D E R
The state represented by District Inspector, Anti Corruption Bureau,
Rajahmundry Range, Kakinada, E.G.District filed chargesheet in Cr.No.8/RCT RJY/2010 against the accused for the offence U/Sec.7, 13(2) r/w 13(1)(d) of
P.C.Act, 1988.
2.Death Certificate of A.O filed along with memo. Case is abated.
Pronounced by me in open Court on this the 22nd day of November, 2019.
Special Judge
for Trial of SPE & ACB Cases, Rajahmahendravaram.
Copy to District Inspector, Anti Corruption Bureau, Rajahmundry Range, Kakinada,
E.G.District.
Order Record 26 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| CC/32/2018 | Range Inspector-I, vs P.Kotnis Babu | 16 Mar 2020 | Order | — |
| CC/142/2018 | The State, Inspector of Police, ACB, Eluru vs Marisetti Potha Raju | 30 Dec 2019 | Order | — |
| CC/153/2018 | Range Inspector-II vs Sri P.R.K.S.S.B.Ganapathi Rao | 06 Dec 2019 | Judgement | Convicted |
| CC/25/2018 | The State Rep. by D.I., ACB, RJY-R,Kakinada vs Bavirisetty Venkata Ramana Rao @ Venkata Ramana | 22 Nov 2019 | Order | — |
| CC/46/2018 | The State Insp. of Police, ACB, Elr-R, Eluru vs Medidi Bullaih | 28 Oct 2019 | Judgement | Acquitted |
| CC/19/2018 | The State Rep. by Dy.S.P.,ACB, Elr-R, Eluru vs Yadagani Venkata Ramana | 30 Sep 2019 | Judgement | — |
| CC/70/2018 | The State Rep. by Dist. Inspector, ACB RJY-R, RJY vs Koppineedi suryanarayana | 30 Sep 2019 | Judgement | — |
| CC/80/2018 | The State Insp. of Police, ACB, Elr-R, Eluru vs Yelamanchili Prakasha Rao | 28 Jun 2019 | Judgement | — |
| CC/29/2018 | The State Rep. by R-II Insp.RJY-R,RJY vs Bolla Eswara Rao, | 10 Jun 2019 | Judgement | — |
| CC/45/2018 | The State Rep. by R.I-I, ACB, RJY-R,RJY vs Ketha Venkataratnam | 14 May 2019 | Judgement | — |
| CC/78/2018 | The State Insp. of Police, ACB, Elr-R, Eluru vs Bhimavarapu Saibaba | 10 Apr 2019 | Judgement | — |
| CC/79/2018 | The State Rep. by Dy. S.P., Eluru Range, Eluru vs Jakka Srinivasa Rao | 29 Mar 2019 | Judgement | — |
| CC/64/2018 | The State Rep. by Range Insp.II,RJY, RJY vs Gollapalli Vijaya Mohan | 19 Mar 2019 | Judgement | — |
| CC/10/2018 | The State Rep. by D.I., ACB, RJY-R, Kakinada vs Gandham Anand | 28 Feb 2019 | Judgement | — |
| CC/7/2018 | The State Rep. by R-II Insp.RJY-R,RJY vs Gunnam Satyanarayana | 31 Jan 2019 | Judgement | — |
| CC/11/2018 | The State Rep. by Insp.of Police, ACB, ELR-R,ELR vs Kammili Nagendra Rao, | 31 Jan 2019 | Judgement | — |
| CC/9/2018 | The State Rep. by R-II Insp.RJY-R,RJY vs Manda Vara Lakshmi | 20 Dec 2018 | Judgement | — |
| CC/54/2018 | The State Rep. by Insp.of Police, ACB,ELR-R,ELR vs Yedla Srinivasa Rao | 06 Dec 2018 | Judgement | — |
| CC/150/2018 | The State Rep. by Inspector of Police, ACB, Eluru vs Bathula Subash Babu | 29 Nov 2018 | Judgement | — |
| CC/57/2018 | The State Rep. by Insp. of Police, ACB, ELR-R, ELR vs Tippabhatla Nagendra | 30 Oct 2018 | Judgement | — |
| CC/139/2018 | The State Rep. by R-II Insp.RJY-R,RJY vs K.Chandra Sekhar, | 03 Oct 2018 | Judgement | — |
| CC/138/2018 | The State Rep. by R-II Insp.RJY-R,RJY vs P.J.Sudhakara Rao | 28 Sep 2018 | Judgement | — |
| CC/139/2018 | The State Rep. by R-II Insp.RJY-R,RJY vs K.Chandra Sekhar, | 28 Sep 2018 | Judgement | — |
| CC/69/2018 | The State Rep. by Insp of Police, RJY-R, Kakinada vs Dr.Udata Sudheer, | 31 Aug 2018 | Judgement | — |
| CC/63/2018 | The State Rep. by Range Insp.I,ACB,RJY-R,RJY vs Golla Mallikharjuna Rao, | 14 Aug 2018 | Judgement | — |
| CC/6/2018 | The State Rep.by R-II,RJY-R,RJY vs M.Pallapa Raju. | 27 Jun 2018 | Judgement | — |
Monthly Orders (Last 12 Months)
| Mar 2020 | 1 | |
| Dec 2019 | 2 | |
| Nov 2019 | 1 | |
| Oct 2019 | 1 | |
| Sep 2019 | 2 | |
| Jun 2019 | 2 | |
| May 2019 | 1 | |
| Apr 2019 | 1 | |
| Mar 2019 | 2 | |
| Feb 2019 | 1 | |
| Jan 2019 | 2 | |
| Dec 2018 | 2 |
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Frequently Asked Questions
How many cases has Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram handled?
Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram has handled 29 court orders since 2018 at ACB Court at Rajamahedravaram. The average disposal rate is 1 orders per month.
What types of cases does Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram hear?
Based on available records, Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram primarily handles Criminal matters (Criminal Cases) at ACB Court at Rajamahedravaram.
Where is Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram currently posted?
Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram is posted as Special Judge for trial of cases under the PC Act 1988 Rajamahendravaram at ACB Court at Rajamahedravaram, East Godavari, Andhra Pradesh.
Are judgments by Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram available online?
Yes. 5 judgments by Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram are available on Legistro with full text, outcome, and sections cited.
How fast does Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram dispose cases?
Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram disposes approximately 1 cases per month, based on 29 orders handled over their tenure at ACB Court at Rajamahedravaram.
Since when is Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram serving?
Smt.A.Gayathri, Spl.Judge for Trial of SPE and ACB , Rajamahendravaram has been serving at ACB Court at Rajamahedravaram since 2018.
Case Types
Posting History
-
Apr 2018 — May 2020Special Judge for trial of cases under the PC Act 1988 Rajamahendravaram · 29 orders
Outcomes on Record
Other Judges at this Court