The Madras High Court has acquitted a former AIADMK MLA and his wife in a disproportionate wealth case filed against them, setting aside a special court order.
"I hold that the prosecution has miserably failed to prove, by any clear impeachable and cogent evidence, that the appellants were holding assets disproportionate to their known sources of income," Justice Aruna Jagadeesan ruled.
She was allowing an appeal by K.Thavasi, who was the MLA of Andipatti constituency between 1991-96, and his wife T Manjula seeking to set aside the order of Special Judge, Chennai, convicting them.
The Special Judge had in 2009 sentenced Thavasi and Manjula to one-year rigorous and simple imprisonment and imposed a fine of Rs 10,000 and Rs 5,000 respectively.
Quashing the conviction, Justice Jagadeesan said "the prosecution cannot be said to have successfully fixed the criminality under section 13(1)(e) of the Prevention of Corruption act. So disagreeing with the learned Special Judge, I hold that the prosecution has failed to bring home the charges against the appellants."
The two were charged with being in possession of assets to the tune of Rs.24.43 lakh which he could not account for. The Special Judge on assessment of evidence came to the conclusion that the prosecution has proved the guilt of the above only to the extent of Rs.9.14 lakh and found them guilty thereof.
Justice Jagadeesan, while concurring with arguments by the counsel for appellants that the entire case had been foisted on them due to malafide intention of the police officer Sreenivasagam as Thavasi, being an advocate, had filed a complaint against him earlier.
Setting aside the conviction and the sentence, the Judge in her order said "the appellants are acquitted of the charges leveled against them".
She also directed the trial court and the prosecution to refund Rs 9.14 lakh if already recovered as per the trial court order.
