ILC-2011-SC-CRL-Feb-25
Ashok Tshering Bhutia Vs. State of Sikkim
Prevention of Corruption Act,1988 - Section 13 (1) , (2)
Conviction and sentence - Appellant found in possession of the assets dis-proportionate to his known sources of income Rs.18,25,098.69 - Abusing his official post - Electricity and telephone bills not proved at trial - High Court remitted back to Trial Court - Allow prosecution to prove documents - Full opportunity to prosecution - Not proved - Supreme Court - In absence of proving documents same cannot be relied upon - Alleged unexplained income Rs.2,71,613.64 - Alleged unexplained income remains merely a marginal/paltry sum - Which any government employee can save every year - Impugned orders of courts below - Set aside - Appeal allowed.
P.P. Malhotra, ASG, A. Mariarputtam, Sr. Advocate, P.K. Dey, Gaurav Sharma, Ms. Sonia Malhotra, A.K. Sharma, P. Parmeswaran, Advocates, with them
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