Karnataka Lokayukta court acquits ex-SP over improper probe in a corruption case
Lokayukta police booked Rao in 2008, when he was Deputy SP at the office of the DG&IGP, for allegedly possessing Rs 32.65 lakh (68.19%) disproportionate assets during the check period from 1975 to 2008, as per the chargesheet filed in 2013. However, Lokayukta police failed to prove the allegations that he possessed assets disproportionate to his known sources of income.
'On appreciation of evidence and recalculation of assets, expenditure and income, this court came to the conclusion that the income of the accused is more than the assets and expenditure during the check period and hence, no case of disproportionate assets is made out as alleged by the prosecution,' said Prakash Nayak, Judge, Special Court for Lokayukta cases.
The court noted that, as pointed out by counsel for the accused, investigation in this case is not properly conducted. The evidence and materials on record reveal that investigation officers (IOs) have not interrogated the persons from whom the accused himself declared to have obtained financial assistance.
The accused submitted his schedule of assets more than a year after police conducted a raid. However, it is the bounden duty of the IOs to verify and cross-check the explanation given by the accused in his schedule. In this case, no such exercise was conducted by the IOs for reasons best known to them.
The court opined that materials on record also make it clear that the IOs have not conducted investigation as required. Possession of assets disproportionate to income has to be proved and such possession of pecuniary resources or property disproportionate to his known source of income.
Further, such a public servant would be held guilty of such an offence of criminal misconduct, if he cannot satisfactorily account for such disproportionate pecuniary resources or property. Every accused is presumed to be innocent unless guilt is proven.
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