STATE Vs. S.P.TYAGI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 18.11.2002 wherein the appellant S.P.Tyagi and Sunil Kumar Choudhary had been acquitted of the charges leveled against them under Section 7 as also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as the "PC Act") and Section 120 B of the Indian Penal Code (IPC).

(2.) RECORD shows that on the complaint (Ex.PW -2/B) of Ajay Kumar (PW -2) a pre -raid party was organized in which the shadow witness Dinesh Parkash (PW -5) and the recovery witness Rakesh Kumar (PW -7) were also asked to join the raid. Investigation was conducted by Inspector N.V.Krishnan (PW -9). This was pursuant to the complaint (Ex.PW -2/B) in which it had been alleged by the complainant that S.P.Tyagi was demanding a sum of Rs.1,00,000/ - to give him a ,,no objection certification for getting his factory licence from the MCD for his factory at M/s Kaithal Rubber and General Mills India at A -120, Okhla Phase -II, New Delhi. An advance Rs.20,000/ - had been agreed to be paid by the complainant to S.P.Tyagi on 12.7.2001; since the complainant was unwilling to pay this amount he lodged this complaint with the CBI.

(3.) THE trap proceedings had also been tape recorded and specimen voice samples of the accused which had been taken vide memo Ex.PW -