PARTNERS IN CRIME :‘Wife guilty too if uses graft money’

The spouse of a government officer in a corruption case who has benefited from his\her ill-gotten wealth is equally guilty, the Bombay high court has ruled.

Justice V R Kingaonkar recently held Dhule resident Mangalabai Wagh guilty of abetment in a disproportionate assets case for allowing her husband Bhaskar Wagh to acquire several properties in her name.

The judge upheld a trial court verdict sentencing Mangalabai to three years rigorous imprisonment and imposing a fine of Rs 2 lakh.

The high court also dismissed an appeal by Wagh challenging his punishment of seven years rigorous imprisonment and a fine of Rs 3 lakh awarded by the trial court. ‘‘Mangala held shares and immovable properties as well as a vehicle in her name despite not having any source of income,’’ said the judge. ‘‘It will have to be said that she abetted the commission of offence of criminal misconduct by (her husband) Wagh.’’ Mangala had at the time of trial claimed that one of the properties on which her husband had built a palatial bungalow had been gifted to her by her father.

She further said that her father had given her gold ornaments — approximately 30 tolas — as ‘stridhan’ at the time of her marriage. However, she failed to prove this in court. Though the Prevention of Corruption Act under which the Waghs were charged are mainly applicable against public servants, the judge referred to a Supreme Court judgment that said that there was no bar to prosecute a non-public servant for abetment of the offence. Mangala was charged under section 109 of the Indian Penal Code, that provides for booking an accused for abetment in case there is no specific provision for punishment.

The case against the Waghs were that they possessed movable and immovable properties, including a fleet of cars, worth over Rs 20 lakh, that were acquired between 1984 and 1989. Wagh who worked as a cashier in the minor irrigation department of the zilla parishad during this period, drew a monthly salary of just Rs 1,630. The trial court found that Wagh could not explain disproportionate assets to the tune of over Rs 9 lakh.

Though Wagh claimed that the assets were from agricultural income, he could not provide proof for the same. ‘‘Since 1983 onwards, Wagh started purchasing, one after another, immovable properties and his lifestyle changed entirely,’’ observed the judge, pointing out the large number of vehicles that he purchased. ‘‘It is highly improbable that it was within the lawful means of the Class-III government servant to acquire and maintain a fleet of vehicles,’’ said the judge while holding the Waghs guilty of criminal misconduct under the anti-corruption law.

The Times of India 9 April 2008, P 17 Delhi
With thanks from The Time of India
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