AJAY GUPATA Vs. STATE

JUDGEMENT

(1.) -This application under Section 311 read with Section 391 and Section 482, Cr.P.C. is with a prayer for issuing directions for recording additional evidence to further interests of justice and avoid miscarriage of justice.

(2.) The facts relevant for the disposal of this application, briefly stated, are that the appellant/petitioner stands convicted under Sections 7 and 13(l)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, vide orders dated 5th July, 2003. The order on sentence was dated 7th July, 2003. His appeal against conviction and sentence stands admitted.

(3.) The appellant/petitioner pleads that the prosecution case against him is false as he was not present at the spot nor had accepted bribe money as alleged by the prosecution. According to him at the time of alleged trap he was present in Safdarjung Hospital in connection with investigations of an accident case registered at police station, Badarpur and the Doctors the records of the hospital and police station can establish that he was not present at the spot at the time of alleged raid. According to the appellant/petitioner he had endeavoured to produce the witnesses and evidence in defence but the witnesses did not turn up and his Counsel made a statement closing defence perhaps due to over-confidence that the prosecution case against the appellant was very weak. In these premises, it is submitted that it would be in the interests of justice to direct recording of additional evidence so that an innocent person does not get convicted in spite of abundant evidence to establish that he is innocent.