AIR 2017 SUPREME COURT 3713 ::AIR 2018 SC (Criminal) 65 ::2017 (3) AJR 825 ::(2018) 1 MadLW(Cri) 795 ::(2017) 68 OCR 1047

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): Dipak Misra, Amitava Roy, A. M. Khanwilkar , JJJ

Prevention of Corruption Act (49 of 1988) , S.13(1)(e)— Criminal misconduct by public servant - Possession of assets disproportionate to income - Prosecution failed to prove that accused holding assets disproportionate to his known sources of income - Accused not required to furnish explanation to satisfactorily account for same - Accused entitled to benefit of doubt. Cri. Appeal No. 1573 of 2000, D/- 9-1-2004, (MP), Reversed. Public servant charged of criminal misconduct thereunder has to be proved by prosecution to be in possession of pecuniary resource or property disproportionate to his known sources of income, at any time during period of his office. Such possession of pecuniary resources or property disproportionate @page-SC3714 to his known sources of income may be of his or anyone on his behalf as case may be. Further, he would be held to be guilty of such offence of criminal misconduct, if he cannot satisfactorily account such disproportionate pecuniary resources or property. Explanation to S. 13(1)(e) elucidated words 'known sources of income' to mean income received from any lawful source and that such receipt has been intimated in accordance with provisions of law, rules, orders for time being applicable to a public servant. From the design and purport of clause (e) of sub-clause (1) to S. 13, it is ap....