Failure to produce adequate evidence, accused entitled for benefit of doubt

Nand Kishore Rai Vs Central Bureau of Investigation (Calcutta High Court)

The accused persons were given benefit of doubt, as the prosecution failed to inquire the witness and also failed to produce necessary books of accounts.

Facts-

The appellants, Nand Kishore Rai and his wife Smt. Bandana. Rai, were found guilty to the charge under Section 13(1)(e) of the Prevention of Corruption Act read with Section 109 of the IPC and appellant Nand Kishore Rai was sentenced to suffer imprisonment for six years and with fine and default clause. Appellant Smt. Bandana Rai is sentenced to suffer imprisonment for two years for committing offence under Section 109 of the IPC with fine and default clause.

During the course of CBI investigation it is found that the appellant is in acquisition of disproportionate assets against the known source of income.

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