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Usman, Prem Prakash, Vishal Kumar @ Vicky and Smt. Poonam were also recorded under section 161 Cr.P.C. Prem Prakash, father of Vishal Kumar @ Vicky also stated that ASI Sube Singh already returned their amount on 20.06.2013 after calling them. Video recording of the place of the incident was also done. The site plan was prepared. The spy camera or original chip containing the recording was not produced by the complainant Mohd. Usman, rather he produced NCR dated 07.08.2013 and reported that spy camera and original chip were lost by him. Accused was arrested and during investigation, provisions of Prevention of Corruption Act were added and thereafter, investigation was transferred to ACP, Tilak Nagar. Transcript of the recording was prepared. Witnesses were called, who after perusing the transcript stated the same to be correct and signed the transcript. The CD was sent to FSL for examination. Sample voice of accused ASI Sube Singh, complainant Mohd. Usman, Prem Prakash and Poonam were recorded. However, as there was no sufficient voice examplers and due to poor quality of voice, the speaker identification test could not be carried out by the FSL. Bio­data of the accused was also obtained. The exhibits were thereafter, sent to CFSL, Lodhi Road. As per the report of CFSL, the voice examination report was corroborative. It was opined that all the three video files contained in the CD are authenticate and not doctored nor edited. Sanction under section 19 of POC Act was also obtained and the present chargesheet was filed.

33. PW­24 Retd. ACP Samay Singh deposed that on 11.03.2014 he was posted as ACP, Tilak Nagar and investigation of the present case was assigned to him and then he prepared the transcript of the questioned CD with the assistance of SI Amit. He further deposed that on 04.07.2014, complainant Mohd. Usman joined investigation and in his presence, CD was played and transcript was tallied. On 07.07.2014, he examined Vishal Kumar @ Vicky and Prem Prakash and in their presence questioned CD was played on the computer. He identified the voice of the accused as well as of Vishal and Prem Prakash and told that it is the correct version of the CD. He further deposed that on 17.07.2014, accused joined the investigation and gave his consent Ex.PW24/A for recording his voice sample. He further deposed that on 25.07.2014, PW­ 24 alongwith accused, complainant Mohd. Usman, Prem Prakash, Vishal Kumar, Poonam and panch witnesses reached at FSL Rohini alongwith 10 empty audio cassettes where voice sample of accused Sube Singh, complainant Mohd. Usman, Prem Prakash and Poonam were taken in four audio cassettes and copy of the same were also prepared in further four audio cassettes. He further deposed that all the eight audio cassettes were converted into clothe parcels vide seizure memo Ex.PW17/A. He further deposed that case property was deposited in the Malkhana of PS Hari Nagar. PW­24 has further deposed that the questioned CD was converted into clothe parcel and sealed with the seal of NKY and seized vide seizure memo Ex.PW24/B. On 30.07.2019, the sealed parcel containing questioned CD and another sealed parcel containing four audio cassettes of specimen voice sample were sent to FSL Rohini through Ct. Mukesh and SI Manoj Kumar collected the FSL result alongwith the exhibits from FSL Rohini. PW­24 further deposed that on perusal of the FSL report, he found that there was no definite opinion and thereafter, he moved an application with the Addl. C.P., West District to accord prosecution sanction vide letter Ex.PW24/C. The sanction under section 197 Cr.P.C. Ex.PW9/A was conveyed vide sanction order dated 13.03.2015. Thereafter the IO collected the bio­ data Ex.PW2/A of accused Sube Singh vide letter Ex.PW2/B. He further deposed that on 22.04.2015, the exhibits i.e. questioned CD as well as audio cassettes containing the specimen voice sample were sent to CFSL, CGO Complex, New Delhi alongwith the forwarding letter through Ct. Deepak and on 13.07.2015, voice examination report from CFSL, CGO Complex was received and as per the opinion of CFSL, CGO Complex voice of accused and the witness in the questioned voice tallied with the respective specimen voices. He further deposed that on 14.10.2015, a report from CFSL was also received as per which all the three video files were in continuity and authentic and not doctored or altered. He further deposed that a request letter Ex.PW24/D sent on 21.10.2015 for according prosecution sanction under section 19 of the POC Act which was received on 28.10.2015. The transcript of the conversation in the video file is Ex.PW4/B and the CFSL result is Ex.PW24/F. He further identified the CD Ex.CD­1 to be same which he had viewed and from which he had prepared the transcript. He also identified the contents of the CD Ex.PW4/QC to be the same which he had viewed and prepared the transcript and also identified the four cassettes Ex.PW24/G containing the specimen voice of the accused, Mohd. Usman, Prem Prakash and Poonam and their copies on identification were exhibited as Ex.PW24/H.

37. PW­27 Insp. Manoj Kumar deposed that on 04.07.2014, he joined the investigation of the present case. He further deposed that in his presence, complainant Mohd. Usman after seeing and hearing the conversation of the CD, verified the contents of the transcription of the CD from the CD and told that transcription ExPW4/B is the correct version of the conversation recorded in the CD. He further deposed that on 28.07.2014, in his presence IO ACP Samay Singh seized the CD vide memo Ex.PW24/B. He further deposed that on 18.11.2014, he collected the FSL result alongwith sealed exhibits in the present case FIR and handed over to the IO and he deposited the sealed exhibits alongwith copy of result with MHC(M), PS Hari Nagar. He identified the CD Ex.CD­1.

43. Arguments on behalf of Ld. Addl. PP for the State and Ld. Counsel for the accused heard.

44. Ld. Addl. PP for the State has argued that prosecution case in nutshell is that the accused Sube Singh while posted as ASI at PS Tilak Nagar was assigned DD No. 7B on 31.05.2013 at night and he demanded bribe of Rs.50,000/­ and accepted Rs.20,000/­ from Prem Prakash on 31.05.2013 morning. PW­4 Mohd. Usman had specifically deposed that in his presence Sh. Prem Prakash had given Rs.20,000/­ to accused and PW­4 had made recording of the transaction of the bribe through spy camera and he gave the CD containing recording alongwith his complaint to ACP, Tilak Nagar. He also proved the transcript of the CD and has also given certificate under section 65B of Indian Evidence Act. He had also deposed that before taking bribe amount of Rs.20,000/­, conversation took place between him, accused and Prem Prakash and in the said conversation, accused had demanded Rs.20,000/­. PW­5 Vishal Kumar @ Vicky and PW­13 Poonam had corroborated the prosecution version.