though the evidence
collected during investigation disclosed that the appellant
had assets disproportionate to his known source of income,
as the evidence was not strong ... firstly urged
that a public servant's possession of assets
disproportionate to the known source of his income is not
defined
read
with section 5(1) (e) -Scope of.
Interpretation-"assets disproportionate to the known
sources of income" meaning of.
Evidence-Burden of proof ... house. On the allegation
that he was found in possession of assets disproportionate
to his known sources of income he was charged with offence
punishable
findings of the High Court as regards the value of the disproportionate assets, the appellant is found to have been in possession. The Trial Court ... evidence produced before it, found the value of the disproportionate assets at Rs. 3,47,601.49. On appeal the High Court has reduced the value
registered against the first respondent for being
in possession (allegedly) of assets disproportionate to her known sources of income.
The second respondent is alleged ... Indian
Penal Code 1860 6. The allegation is of possession of Disproportionate Assets to the
tune of Rs 1,10,81,692, which
explanation stating that he does not possess or had acquired any
assets disproportionate to the known source of his income. The
6
Respondent ... obliged only to explain as regards the alleged assets
disproportionate to the known sources of his income on the
principle of preponderance of probability
against the petitioner herein to investigate into the matter of
alleged disproportionate assets is beyond the scope of the directions
passed by this Court ... nowhere
mentioned about lodging of second FIR in regard to the disproportionate
assets of the petitioner.
(g) It is the further case of the petitioner
against the appellant and his brothers with regard to accumulating the
assets disproportionate to his known sources of income. It appears that
at that time ... have been made against the appellant with
regard to accumulating the assets disproportionate to his known sources
of income. That on the basis
Court that the assets available with
him or his resources for purchase of the assets were not disproportionate to
the known sources of his income ... assets the
accused/public servant are required to be account for. The assets can be
those which have been disclosed and also other assets which
Prevention of Corruption Act, 1988 of having amassed assets disproportionate to his known sources of income during the period between ... assets valued at Rs. 19,97,191.38 out of the said disproportionate assets of her husband either in her own name
findings of the Trial Court. He has contended that the disproportionate assets found by the Trial Judge after deducting 10% of the amount ... that the appellant was charged for having found in possession of disproportionate assets amounting to Rs. 2.80 lakhs. F.I.R. was registered against
