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Showing contexts for: spectrography in Bharatbhai Somabhai Patni vs State Of Gujarat on 9 March, 2018Matching Fragments
3 I also inquired with the learned A.P.P. as to why the applicant has not been arrested till this date. The learned A.P.P. replied that, after the registration of the F.I.R., the investigation was undertaken and the applicant was summoned for the purpose of providing his voice sample for the Voice Spectrography Test. The applicant did provide his voice sample and the report of the Forensic Science Laboratory as regards the Voice Spectrography Test has been received just few days back. The learned A.P.P. further submitted that the report of the Forensic Science Laboratory as regards the Voice Spectrography Test is concerned, is 'positive'. According to the report of the Forensic Science Laboratory, the voice sample of the applicant matches with the tape recorded telephonic conversation between the applicant and the original complainant.
9 On the other hand, this application has been vehemently opposed by Ms. Moxa Thakkar, the learned Additional Public Prosecutor appearing for the State. The learned A.P.P. submitted that the demand of illegal gratification by itself is an offence. Even if the trap failed and the applicant did not accept the bribe amount, the fact that there was a demand of gratification is sufficient to prosecute the applicant. The learned A.P.P. pointed out that the result of the Voice Spectrography Test has come 'positive'. The report of the Forensic Science Laboratory indicates that the voice sample of the applicant, which was collected, matches with the voice of the applicant so far as the tap recorded R/CR.MA/4484/2018 JUDGMENT telephonic conversation between the applicant accused and the complainant is concerned. According to the learned A.P.P., this evidence at this stage by itself is sufficient to reject this application seeking anticipatory bail. It is submitted that the offence under the Prevention of Corruption Act should be viewed very seriously and no special case has been made out by the applicant for grant of anticipatory bail. No exceptional circumstances have been shown by the applicant for grant of anticipatory bail.
24 Indisputably, in the case at hand, the trap, which was laid, ultimately, failed and the applicant accused did not accept the bribe amount. Therefore, in such circumstances, prima facie, the case at hand remains one of demand of illegal gratification. The applicant is a P.S.O., and at the relevant point of time, was posted at the Talod Police Station, District: Sabarkantha.
25 The plain reading of Section 7 of the Act, referred to above, makes it clear that mere demand or solicitation by a public servant amounts to the commission of an offence. So far as the case at hand is concerned, there is more than a prima facie case of demand of illegal gratification by the applicant accused from the complainant. This part of illegal demand of gratification is prima facie substantiated by the Voice Spectrography Test, the result of which has come 'positive'.