Bail Application No. 489 of 2016
High Court of Uttarakhand
BENCH: Hon’ble Mr. U.C. Dhyani J.
DATE OF JUDGMENT: 14-09-2016
BRANCH OF FORENSIC SCIENCE: Voice analysis (Forensic Physics)
RELEVANT SECTIONS/ACTS:
Prevention of Corruption Act, 1988
- Section 120B IPC – Punishment of criminal conspiracy.
- Section 7 – Public servant taking gratification other than legal remuneration in respect of an official act.
BACK STORY
On 19.02.2016 at 11:30 A.M, the F.I.R.lodged by the Anil Kumar Yadav (Complainant) having a business of manpower supply through five sister concern companies, all located at Rudrapur against Sri A.K. Mishra (accused), Asstt. Director, DGCEI, Dehradun who with other suspected officers demanded a bribe of Rs.10 Lakhs and also threatened the complainant that he will be sent to jail if the bribe amount not gave to them and suspected officers used to call the complainant to pay the bribe frequently. The officials from D.G.C.E.I. Dehradun conducted a raid at the offices of all the five companies located at Arz Tower, Rudrapur, Uttarakhand about service tax evasion. It had seized the maximum original business records of all the concerned companies and threatened the complainant.
During the investigation, the transcript of recorded telephonic conversation has been brought on record by respondent CBI to bring home guilt to the accused persons and denial of bail. The telephonic conversation of the accused and the complainant send to the central forensic science laboratory for voice identification report.
VOICE IDENTIFICATION REPORT
The voice identification is done in the central forensic science laboratory and the questioned voice sample of the accused compared with the specimen voice sample of the accused and it proved by the report that both the voice sample matched.
The recording has done, has not been made clear, so the prosecution does not rely on this secondary electronic evidence and also the recording does not show any demand of bribe from the complainant.
JUDGMENT
All the bail applications are hereby dismissed and the charges were framed by the court under Sections 120B IPC, Section 7 and Section 13(2) read with Section 13(1) (d) of Prevention of Corruption Act and substantive offences thereof registered with CBI, Special Police Establishment, Dehradun.