Jaya DA case: How K’taka HC’s BAD arithmetic led to acquittals
The Karnataka high court’s blunder in arithmetic led to the acquittal of the accused in the DA case.
The Supreme Court which ordered the conviction of Sasikala dealt with the arithmetic blunder made by the Karnataka high court while passing an order of acquittal. The Supreme Court termed it as a fundamental blunder while striking down the order of the high court.
Where the high court had erred:
Calculation error: The method of calculating DA is wrong. If all the findings of the high court is accepted in toto, then the amount of DA is Rs 14.38 crore i.e. 41.3% and not Rs 282 crore i.e. 8.12% as held by the high court.
[#SasikalaConvicted: SC says HC made fundamental arithmetic blunder]
Arithmetic
error:
While
totalling
loans
as
income,
the
high
court
has
committed
an
arithmetic
error
to
the
tune
of
13.50
crore.
If
this
arithmetic
alone
is
error
corrected,
then
the
disproportionate
asset
comes
to
Rs
16.32
crore,
i.e.
76.7%.
[Sasikala convicted, ordered to be taken into custody]
On the basis of finding of high court: Rs 14.38 crore. On the basis of finding of high court , correction of the other mistakes in arithmetic, admissions of accused and disallowing gifts as income:
Omission
of
expenses-
Corrected:
Rs
14.38
crore
Totaling
error-Corrected:
Rs
13.50
crore
Admission
Reg
valuation
of
construction:
Rs
3.5
crore
Admission
Reg
business
income
of
Jaya
publication:
Rs
2.84
crore
Gift-
which
is
illegal:
Rs
1.5
crore
Disproportionate
assets
:
Rs
35.73
crore
Income
will
have
to
be:
Rs
16.92
crore
Disproportionate
assets:
Rs
35.73
crore
Percentage
of
DA:
Rs
35.73
crore
x
100
=
211.09%
The Supreme Court's observation:
Therefore
if
the
above
corrections
are
carried
out,
the
disproportionate
assets
will
be:
On
the
basis
of
finding
of
high
court:
Rs
14.38
crore.
On
the
basis
of
finding
of
high
court,
correction
of
the
other
mistakes
in
arithmetic,
admissions
of
accused
and
disallowing
gifts
as
income:
While noting the loans availed by the respondents from different firms and companies, as named therein, the High court did, however limit itself only to the loans borrowed from the nationalised banks, as referred to hereinabove, but wrongly totalled the amounts to inflate figure to Rs 24.17 crore which in fact ought to have been Rs 10.67 crore on a correct arithmetic.
The
high
court,
thereafter,
adjusting
Rs
5.99
crore,
i.e.
the
income
quantified
by
the
DVAC
added
Rs
18.17
crore
(Rs
24.17
crore
-
Rs
5.99
crore)
to
the
income
of
the
respondents.
In
any
case
however
even
assuming
that
the
arithmetic
undertaken
by
the
high
court
is
correct,
it
having
accepted
the
value
of
assets
to
be
Rs
66.44
crore,
the
remainder
would
still
value
at
Rs
43.75
crore.
In other words, in calculating the disproportionate assets, the amount of Rs 43.75 crore has to be applied even if there is a reduction in value of assets by Rs 22.69 crore i.e. (Rs 29,82,71,254.32 -- Rs.5,10,54,060).
According to the prosecution, the high court scaled down the marriage expenditure from Rs 6.45 crore, as quantified by the prosecution to Rs 28.68 lakh, though the trial court had computed the same to be Rs 3 crores. Arithmetically thus, the high court endorsed the total expenditure to be Rs 5.40 crore instead of Rs 11.56 crore quoted by the prosecution.
OneIndia News