: Proof beyond reasonable doubt requires corroborative evidence and expert analysis for voice identification.

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 him. Reliance is placed on Subhash Chand Chauhan v. C.B.I., 117 (2005) DLT 187. Though at the time of alleged initial demand, the Complainant was accompanied by two witnesses namely Nizamuddin and Yusuf and their statements were recorded under Section 161 Cr.P.C., however, they were not examined in the Court as witnesses. Hence adverse inference is required to be drawn against the prosecution on account of withholding of material witnesses. There are material contradictions in the testimony of witnesses. Though the Complainant and all witnesses stated that the pocket wash solution also turned pink, however, when it was sent for examination the same was found to be colourless. 10 days period is not sufficient to fade the pink colour of the solution. Thus, the learned Trial Court erroneously held that colour faded due to passage of time. The Appellant rendered his explanation under Section 313 Cr.P.C. which was probable. However, the same has been totally ignored by the learned Trial Court.

3. Learned counsel for the CBI on the other hand contends that the evidence of the Complainant and other witnesses cannot be washed away merely because two independent witnesses could not be examined. The prosecution has proved its case beyond reasonable doubt. Since the Appellant accepted the tainted GC notes, a presumption is required to be raised under Section 20 of the PC Act. Hence there is no merit in the appeal and the same be dismissed.

4. I have heard learned counsel for the parties and perused the record.

5. The case of the prosecution is based on the complaint of PW2 Sakhi Jan Ex.PW2/A which he gave to SP CBI on 18th November, 1996. As per the complaint, the Complainant had applied for electricity connection in house No. K-54A, Abul Fazal Enclave, Okhla, New Delhi and had deposited a sum of Rs.4702/- as development charges. Despite the same, electricity connection was not installed. Thus, he took help of his acquaintance Mr. Salim, who helped him and got traced his file in DESU office when the officials of DESU told him that rate of development charges have since increased and asked him to deposit further amount of Rs.932/- against development charges which he deposited on 14th October, 1996. He was asked by officials to deposit some more documents pertaining to electricity connection at DESU office, Kilokri which was also done. He further stated that since Mr. Salim had advised him to hand over these papers after getting them entered in Kilokri Office to Niranjan Chaudhary, he took those documents to the office at New Friends Colony probably on 8th or 9th month of 1996. He asked the Appellant to do the work. However, he stated that electricity connection shall not be installed. On the next day, on the advice of his neighbor Mr. Islam, he deposited the paper