K.LAL Vs. C.B.I.

JUDGEMENT

(1.) By the present appeal the Appellant impugns the judgment dated 26th April, 2003 convicting the Appellant for offence punishable under Section 12 of the Prevention of Corruption Act, 1988 (in short the PC Act) and the order on sentence dated 28 th April, 2003 directing him to undergo rigorous imprisonment for a period of five years with a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Learned counsel for the Appellant contends that malafide prosecution has been lodged against the Appellant to wreck vengeance as the Appellant had made complaint against one DSP of CBI namely Shri M.S. Bisht for demanding Rs. 10 lakhs as bribe, which fact has been duly proved by DW14 Inspector D.S. Chauhan. A perusal of evidence on record shows that the case of the prosecution is highly improbable and absurd. PW1 the complainant has categorically stated that the complainant used to often go to Shimla to the house of the Appellant in relation to investigation and there was no offer of bribe when he went to the house of the Appellant.

(3.) It is further contended that the allegations against the Appellant are that on 10th April, 1996 he made a phone call and repeated the offer which conversation was duly tape-recorded and he again sought help to link the properties in the name of Ms. Sharma to be owned by the Appellant. The said tape-recorded conversation has neither been proved to be in the voice of the Appellant nor it has been proved that there was no interpolation/ tampering with the tape-recorded version. As per the evidence on record on 8 th May, 1996 the investigating officer along with the other witnesses went to Tihar Jail to take the sample voice and finger prints of the Appellant.