Karnataka HC.
Credit: DH File Photo
The Karnataka High Court has dismissed a disproportionate assets case against a police inspector, saying that the prosecution has failed to prove that he has amassed wealth disproportionate to his known income sources.
The Lokayukta police had estimated the total assets of Inspector B Ramakrishna as Rs 14,06,308 during his tenure at the Mahalakshmi Extension police station between August 19, 1996, and May 15, 2008.
The prosecution had made a case that Ramakrishna's income from all sources during the check period was Rs 26,02,382. It concluded that the officer had disproportionate assets to the tune of Rs 23,32,602, amounting to 89.63 per cent more than income from known sources.
On February 18, 2019, the Lokayukta special court sentenced Ramakrishna to four years’ imprisonment and fined him Rs 30 lakh after holding him guilty of offences punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act.
Challenging the verdict in the high court, Ramakrishna's lawyer cited several inaccuracies in the prosecution case. He also contended that the prosecution did not consider the business income of Ramakrishna's wife as an asset.
The inspector also cited the inquiry report of the police department that had exonerated Ramakrishna of the charges as they were not proven.
"The degree of proof in the enquiry was based upon the preponderance of probabilities whereas the degree of proof in the criminal case is beyond reasonable doubt and therefore, the appellant-accused deserves to be acquitted," Justice Natarajan said while dismissing the case.
The court further said, "Even otherwise, the prosecution has failed to prove the case with documents and necessary evidence, that the accused possesses disproportionate assets. Rather, this court found that the accused has income that is more than his assets and expenditures. Therefore, the appellant is entitled to acquittal.”