DA case: Ponmudy to be imprisoned for 3 years
Senior counsel NR Elango appeared for both the convicts submitted to consider the old age and medical conditions of both the accused
K Ponmudy (Photo/PTI)
CHENNAI: The Madras High Court (MHC) imposed 3 years of simple imprisonment for Minister K Ponmudy and his wife P Visalatchi in the 2011 disproportionate asset (DA) case.
Notably, Ponmudy forfeited his status as MLA as soon as he was convicted under Prevention of Corruption Act, which falls Under sec 8 (1) (m) of the Representation of People Act 1951.
Justice G Jayachandran imposed the fine amount of Rs.50 lakh each to the convicted accused and suspended the sentence for 30 days to file Special Leave Petition (SLP) challenging the sentence.
Senior counsel NR Elango appeared for both the convicts submitted to consider the old age and medical conditions of both the accused.
However, the judge refused to the submission and observed that considering the nature of the crime it's impact in the society the sentence has imposed.
On September 29, 2011, the DVAC Villupuram booked Ponmudy and his wife under the Prevention of Corruption (PC) Act, 1988, charging them with amassing wealth between 2006 to 2010 when he was the Higher Education and Mines in the DMK regime. However, in April 2016, the Villupuram special court held that the charges were not proved and acquitted them, which the agency challenged in 2017.
Justice G Jayachandran said Ponmudy and his wife amassed 64.90 per cent assets over their known sources of income. The trial court failed to understand the substance of the charge against Visalatchi that she, being Ponmudy’s wife, was holding the assets he had acquired through unknown sources, the judge said.
"The overwhelming evidence against the accused and the unsustainable reasons given by the trial court for acquittal by ignoring those evidence compel this court to declare the judgment of the trial court is palpably wrong, manifestly erroneous and demonstrably unsustainable," he wrote in the order.
Confirming the charges against Ponmudy under sections 13 (2), 13 (1) (e) of the PC Act and 13 (2), 13 (1) (e) of the PC Act, section 109 of IPC against Visalatchi.
