HC convicts former Minister, wife in 21-year-old assets case
June 07, 2018 00:00 IST the hindu
Subsequently, the DMK assumed power in the State and on August 22, 1996, DVAC lodged a First Information Report against the former minister and his family members for having amassed wealth disproportionate to their known sources of income during the period between 1992 and 1996.
According to the prosecution, the convicts’ wealth was assessed to be just Rs. 1.65 lakh at the beginning of the period in question, but had multiplied exponentially to Rs. 83.01 lakh by the end of the period. Further, they had spent Rs. 31.28 lakh during the period though their known sources of income during the period was only Rs. 29.32 lakh. After completing investigations in the case, DVAC filed a chargesheet against the two convicts and five of their relatives on November 3, 1997, accusing them of having committed offences under the Prevention of Corruption Act, 1988. However, the lower court acquitted all of them, leading to the present appeal.
Not in agreement with the decision taken by the trial court, Justice Jayachandran said: "On analysis of evidence and findings of the trial court, this court finds that the trial judge was unreasonably bent upon readily accepting all and sundry explanations offered by the defence to justify the accumulation of wealth beyond their legally known sources."
Wondering how the trial court could have "tinkered (with) the valuation statements to an extent that the accused were found with deficit balance," the judge said the act of the trial court of accepting certain documents relied upon by the defence but without any probative value, rendered its findings unsustainable.
He said the arithmetic of the trial court in arriving at a fabulous figure of Rs. 36.21 lakh as the income of Chandra during the period, through sale of prawns from her aquaculture farm, only reminded him of the fable ‘The milkmaid and her pail’ in which a milkmaid dreams of amassing wealth by exchanging milk for chicken but ends up dropping the pail.
June 07, 2018 00:00 IST the hindu
Subsequently, the DMK assumed power in the State and on August 22, 1996, DVAC lodged a First Information Report against the former minister and his family members for having amassed wealth disproportionate to their known sources of income during the period between 1992 and 1996.
According to the prosecution, the convicts’ wealth was assessed to be just Rs. 1.65 lakh at the beginning of the period in question, but had multiplied exponentially to Rs. 83.01 lakh by the end of the period. Further, they had spent Rs. 31.28 lakh during the period though their known sources of income during the period was only Rs. 29.32 lakh. After completing investigations in the case, DVAC filed a chargesheet against the two convicts and five of their relatives on November 3, 1997, accusing them of having committed offences under the Prevention of Corruption Act, 1988. However, the lower court acquitted all of them, leading to the present appeal.
Not in agreement with the decision taken by the trial court, Justice Jayachandran said: "On analysis of evidence and findings of the trial court, this court finds that the trial judge was unreasonably bent upon readily accepting all and sundry explanations offered by the defence to justify the accumulation of wealth beyond their legally known sources."
Wondering how the trial court could have "tinkered (with) the valuation statements to an extent that the accused were found with deficit balance," the judge said the act of the trial court of accepting certain documents relied upon by the defence but without any probative value, rendered its findings unsustainable.
He said the arithmetic of the trial court in arriving at a fabulous figure of Rs. 36.21 lakh as the income of Chandra during the period, through sale of prawns from her aquaculture farm, only reminded him of the fable ‘The milkmaid and her pail’ in which a milkmaid dreams of amassing wealth by exchanging milk for chicken but ends up dropping the pail.
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