HC declines wife’s plea against prosecution in husband’s graft case
Stating that “if the assets of the wife of a government servant are more than the known sources, it would be presumed that she earns the said money illegally,” the Delhi high court said dismissing a plea by the wife of a Customs officer against her prosecution along with her husband in a corruption case.
The trial court framed charges against the officer under the Prevention of Corruption Act and his wife, Rekha Rani, for allegedly abetting her husband to indulge into corrupt practices under the Indian Penal Code read with the Prevention of Corruption Act.
The officer’s wife had challenged her prosecution and the framing of charges against her.
According to the charge-sheet filed by the CBI against the officer and his wife, the officer had allegedly amassed assets worth more than Rs 54 lakh during the check period.
The charge-sheet alleged that the officer’s wife, in conspiracy with her husband, had acquired a property in Dehradun, impersonating as Resham Manocha during the check period. As per her Income Tax returns, the petitioner had a total income of Rs 84,84,210 from her business of dry cleaning during the check period while she spent Rs 50,38,712 in her business, and thus, she had a possible saving of Rs 34,45,498.
However, she acquired assets to the tune of Rs 74,77,82 during the same period. Thus, the assets acquired were disproportionate to her income to the tune of Rs 40,32,329, the High Court noted in its order.
“In the case in hand, not only the petitioner, her husband’s assets are also in the name of their children. The petitioner, by impersonating, has purchased the properties. In such a situation her income has to be added,” the Court stated.
Stating that “The allegations against the petitioner and her husband are of severe nature, namely, abusing the official position,” the court dismissed the petition of the officer’s wife on Monday.