Madras HC sets aside order acquitting TN Minister Ponmudy in assets case; convicted
Chennai, Dec 19: The Madras High Court on Tuesday set aside an order of a trial court, acquitting Higher Education Minister and DMK leader K Ponmudy and his wife P Visalakshi in a Rs 1.75 crore disproportionate assets case.
Passing orders on an appeal filed by the Directorate of Vigilance and Anti-Corruption, Justice G Jayachandran convicted the Minister and his wife and directed them to be present in the court on December 21 for pronouncing the sentence after hearing them.
The judge set aside the order of the Principal District Judge, Villupuram, acquitting Ponmudy and his wife in the case.
The charge of offence punishable under Section 13 (2) read with section 13 (1) (e) of Prevention of Corruption Act framed against Ponmudy stands proved.
Such sections are related to criminal misconduct by a public servant and illicit enrichment.
The charges under same sections of PC Act read with section 109 of I P C (abetment) against Visalakshi are proved, the court held.
The judge pointed to overwhelming evidence against the accused and the unsustainable reasons given by the trial court for acquittal them by ignoring evidence.
The judgment of the trial Court is palpably wrong, manifestly erroneous and demonstrably unsustainable. "Hence, this is a fit case for the Appellate Court to interfere and set it aside".
The judge said the ready acceptance of Income Tax returns of Visalakshi by the trial Court without appreciating independent evidence was palpably wrong and manifestly erroneous. The trial Court, before jumping into the said conclusion ought to have searched for supportive and independent evidence.
In the absence of independent evidence, accepting the fanciful claim of agricultural income to a tune of Rs.55,36,488/- as against the estimated agricultural income of Rs.13,81,182/- was infirm and demonstrably unsustainable, the judge added.
The judge said ignoring the first principle of law and the judicial pronouncements, acceptance of the 'self-serving declaration of income to the Income Tax Authority, by an accused in a disproportionate assets case was not a possible view' but an erroneous view conceived due to misconception. It was a conclusion arrived by ignoring the most reliable evidence let in by the prosecution regarding the income of A-1 (Ponmudy) and A-2 (Visalakshi).
The trial Judge has also misinterpreted bank account statements as proof of income. A complete miscarriage of justice had occurred by the omission of reliable evidence and by misinterpretation of the evidence.
The prosecution case was that Ponmudy had amassed wealth to the tune of Rs 1.75 crore in his name and in the name of his wife, disproportionate to his known sources of income when he was a Minister between 2006 and 2011 in the DMK regime.
The minister is likely to face disqualification, which will be clear following pronouncement of sentence by the court.
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Bihar: Over 150 children fall ill after consuming 'mid-day meal' in Saharsa
Saharsa (PTI): More than 150 children were taken ill after allegedly consuming food that was part of the mid-day meal in a school in Bihar’s Saharsa district, a senior official said on Thursday.
The incident occurred at a middle school in Baluaha village of the district.
The official said that 115 children were undergoing treatment at the Sadar Hospital, while around 50 students were admitted to Mahishi Public Health Centre.
“We received information that several children fell ill after consuming the mid-day meal in Baluaha. The children were initially treated at the primary health centre, but later, many were referred to the Sadar Hospital,” Saharsa District Magistrate Deepesh Kumar told reporters.
“According to doctors, the health condition of the children has improved, but they will be kept under observation for some time. There is no need to panic. Some kids are having mild fever. They are being treated accordingly,” Kumar said.
Meanwhile, family members of some children claimed that a snake was found in the container in which cooked pulses was stored at the school.
Of the 545 students present in the school, 200 had already eaten their meals by the time the snake was spotted, and later complained of stomach ache and vomiting, they said.
Regarding the claims, the DM said food samples have been collected from the school.
“We will be able to comment on this only after the results of the tested samples arrive,” he said.
