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Wednesday, April 26, 2000

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Case against Muthiah's daughter: verdict on April 28

By Our Special Correspondent

CHENNAI, APRIL 25. The Special Judge-I, Mr.A.C.Arumugaperumal Adityan, will deliver the verdict in the case against Ms.Malarvizhi, daughter of Mr.R.Muthiah, former Speaker, on April 28.

Ms.Malarvizhi, was cited as an accused in the disproportionate wealth case against Mr.Muthiah, in which he had already been convicted. The case was split up against his daughter at the stage of questioning of the accused under Cr.P.C. section 313 as she was not well. After the procedure and the examination of defence witnesses, the Judge heard the final arguments today and reserved orders.

During arguments, the Special Public Prosecutor submitted that the accused had abetted in the criminal misconduct by Mr.Muthiah by allowing him to purchase properties in her name and holding the properties on his behalf. Ms.Malarvizhi had been charged under IPC section 109 (abetment) read with PCA provisions 13 (2) read with 13 (1) (e). She had no independent source of income and she, a post-graduate, had knowledge of the acquisition of the properties by Mr.Muthiah in her name.

The defence counsel submitted that only a benami transaction was an offence and just purchasing a property by one xin the name of one's son or daughter was not an offence. The prosecution had not let in any evidence to show that she had abetted in acquiring the properties. The offence could be made out only if there was evidence to show that knowledge, intention and the act which was necessary for the crime to be constituted were all there. There was nothing to show that she had hand in the transactions, the defence counsel said.

Meanwhile, Ms.Sasikala came to the Special Court-I for the trial in the `disproportionate wealth case' against the former Chief Minister, Ms.Jayalalitha, today.

Mr.Parthasarathi, a photographer of the SB CID, and a prosecution witness in the case, was examined. He said at the request of the investigating agency he took photographs of the various properties involved in the case. The photos totalled 197 with regard to 36 and 31 A, Poes Garden, both located within the same compound. He also took photographs of gold and silver jewellery, sarees and vehicles, and a preview theatre in 31-A Poes Garden.

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