NEW DELHI, Sept 2:
A decorated retired Indian Army Brigadier has been sentenced by a Delhi court for two years in a disproportionate assets case involving around Rs.68 lakh.
Special CBI Judge Dinesh Kumar Sharma convicted Brigadier (retd.) Samir Baron Ray under different sections of Prevention of Corruption Act (PCA) for possessing assets worth Rs 68.09 lakh disproportionate to his known sources of income.
“I consider that taking into account the entire facts and circumstances of the case, the convict is sentenced with rigorous imprisonment for a term of two years and fine of Rs five lakhs,” the judge said.
The court, however, granted bail and suspended Ray’s sentence till October 1, 2014, while directing him to furnish personal bond of Rs 25,000 with one surety of the like amount.
CBI had registered a case on August 31, 2008 against Ray, the then Deputy Director General, Ordinance Services posted at Integrated headquarters of Ministry of Defence (Army), Delhi, alleging that he had amassed huge assets worth several lakhs in his name as well as in the name of members of his family between April 1, 2000 to August 31, 2008.
Ray had joined Indian Army in 1973 and was promoted to the rank of Brigadier in 2005. He retired from Army on August 31, 2008.
CBI, in its charge sheet, had also claimed that Ray’s wife Asha, who was also made a co-accused, had aided and abetted her husband in acquiring huge movable and immovable properties in her name even though she did not have means to acquire the same.
The court, however, acquitted her, saying that there was “no specific evidence against her”.
During the course of investigation, CBI had fixed the check period from April 1, 2000 to August 31, 2008, the date of Ray’s retirement.
The investigation revealed that Ray and members of his family had movable and immovable assets of Rs 13.84 lakh at the beginning of the check period.
During the check period the couple had an income of Rs 2.45 crore, had incurred the expenditure of around Rs 1.52 crore and at the end of period the assets were around Rs 2.27 crore.
CBI also said that in a search operation at Pune and Delhi on September 2, 2008 lakhs of rupees in cash were recovered from Ray’s possession and he and his family members had disproportionate assets around Rs 1.20 crore.
During the trial, the accused claimed that CBI had under valued the assets at the beginning of the check period and CBI did not take into account the jewellery, sale of jewellery and agriculture income.
After evaluation during the trial on the basis of evidence produced by the accused, the court revised the income, expenditure and assets of Ray and his wife, but still found disproportionate assets worth Rs 68,09,969.
“In view of the discussions made, I consider that prosecution has successfully proved its case against Samir Baron Ray. Hence, Ray is convicted for the offence under PCA,” the judge said.
While acquitting Asha Ray of the charges of aiding and abetting the offence under PC Act, the court said, “There is not even an iota of evidence that Asha Ray has in any manner instigated, aided, abetted or facilitated the commission of offence,” the court said. (PTI)
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