HC sets aside Spl Judge order in assets case

Chennai, Sep 26 (UNI) Madras High Court today set aside an order of a Special Judge, convicting and sentencing AIADMK MLA G Mallika and her brother to seven years rigorous imprisonment (RI) and her sister-in-law to one year RI, in the Rs 2.36 crore disproportionate wealth case.

Mr Justice S Ashok Kumar set aside an order of the Special Judge dated January 12, 2000 while allowing the appeals filed by Mallika, her brother Selvaraj and his wife Manimekalai.

Holding that the prosecution had miserably failed to bring home the guilt of the accused beyond any reasonable doubt, the judge ordered the acquittal of the accused.

According to the prosecution, during her tenure as MLA between June 1991 and May 1996, Ms Mallika had amassed wealth to the tune of Rs 2.36 crore in her name and in the name of her brother and his wife, disproportionate to her known sources of income.

A Special Judge had on January 12, 2000 convicted Mallika and her brother for offences under the Prevention of Corruption Act and sentenced them to undergo seven years RI each.

The special judge also imposed a fine of Rs one lakh each on Mallika and Selvaraj while convicting and sentencing Manimekalai to one year RI and imposing a fine of Rs 1,000. Challenging this order, the accused preferred the present appeal.

In his order, the judge said the investigation had not been done in a proper manner. It was done to somehow prosecute the accused. In the circumstances, it has to be held that the prosecution had miserably failed to bring home the guilt of the accused beyond all reasonable doubts and therefore the accused are entitled for acquittal. The fine amount if paid, should be returned to the accused.

The assets, immediately prior to the check period was not properly assessed by the investigating officer. The charge that Mallika had only 15 sovereigns of jewels and Rs 1,000 in cash are not true.

The loans and the promisory notes obtained from various persons were more than a year prior to the registration of the case. The Income Tax returns were also filed in time and the same were also accepted by the department.

The amount of Rs two crore received from Chinnaiya Bose, an NRI, was included as income during the check period. The investigation had failed to find how this amount was sent and for what purpose, the court held.

According to the accused, the amounts were borrowed from many persons including an NRI for doing real estate business. This explanation was not falsified during the probe, the judge added.

UNI