VIGILANCE MANUAL VOLUME III - AP Online

684 DECISION - 339
for the trial of the accused by the court. The report is complete if it is
accompanied with all the documents and statements of witnesses
as required by sec. 175(5). Nothing more need be stated in the
report of the Investigating Officer. It is also not necessary that all the
details of the offence must be stated. The details of the offence are
required to be proved to bring home the guilt to the accused at a later
stage i.e. in the course of the trial of the case by adducing acceptable
evidence.
Sec. 5(1)(e) does not contemplate a notice to be served on
the accused. If the prosecuting authority after making a suitable
enquiry, by taking into account the relevant documents and
questioning relevant persons, forms the opinion that the accused
cannot satisfactorily account for the accumulation of disporportionate
wealth in his possession the section is attracted. The records clearly
indicate that after duly taking all the appropriate steps it was stated
that the assets found in the possession of the appellant in his own
name and in the name of his wife and two sons, were disproportionate
by a sum of over Rs. 6 lakhs to his known sources of income during
the relevant period and which he “cannot satisfactorily account” for.
The Supreme Court held that in the instant case the charge
sheet contains all the requirements of sec. 173(2). No more is required
to be stated in the charge sheet. It is fully in accordance with the
terms of sec. 173(2) Cr.P.C. and cl. (e) of sec. 5(1) of the Act.
(339)
(A) Evidence — of woman of doubtful reputation
Not unsafe to rely on a witness merely because she is a
women of easy virtue.
(B) Court jurisdiction
High Court has no jurisdiction under Art. 226 of
Constitution to embark upon a re-appreciation of
evidence as if it were sitting in appeal.