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2013 Supreme(Del) 873

MUKTA GUPTA
Niranjan Singh – Appellant
Versus
C. B. I. – Respondent


Advocates Appeared:
Mr. Mahabir Singh, Sr. Adv. with Mr. Rakesh Dahiya and Mr. Dilbagh Singh, Advs.
Mr. R.V. Sinha, Standing counsel with Ms. Sangita Rai, Advocate.

JUDGMENT

1. The Appellant impugns the judgment dated 21st January, 2003 whereby he has been convicted for offences punishable under Section 7 and 13(2) read with Section 13 (1) (d) of Prevent of Corruption Act, 1988 (in short „the PC Act?) and order on sentence dated 22nd January, 2003 whereby he has been directed to undergo Rigorous Imprisonment for four years with a fine of Rs.500/- each under Sections 7 and 13(2) of PC Act and in default of payment of fine to further undergo Rigorous Imprisonment for three months on each count.

2. Learned counsel for the Appellant contends that the learned Trial Court erroneously relied upon the tape recorded conversation to corroborate the version of the Complainant in the absence of scientific analysis of the tape. The voice sample of the Appellant was neither taken nor sent for voice spectrography nor did the expert opine that there was no tempering/ interpolation in the cassette. The Appellant in fact became victim of the inflated ego of Mr. Salim, General Secretary of Employees Association, who asked the Appellant to do the work, however, since the Appellant did the work according to rules and taking his own time, the same was not liked by h










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