Simran Pal Singh vs State Of Himachal Pradesh on 8 January, 2015
Bench: Sanjay Karol
admitted by PW19. Further the case of the complainant is that
tape recording was done on Tata Indicom phone. The appellant produced
two witnesses ... record or by others who know it.
(b) Accuracy of what was actually recorded had to be proved by
the maker of the record
record the voice on the tape, produced in Court, on another
tape.
(10) Every Court shall maintain a record showing as to
how, when ... opened
and when the tape-record has been resealed. Such record
shall be kept in the proceedings alongwith the tape record
and its transcript
voice of the Appellant on the tape.
(iii) The sanctity and purity of the tape recorded conversation was not
proved. The evidence to show that ... tape and the device on which it
was used could not be tampered with was missing. The tape recorded
conversation was also not played
request, by Barun, to Shambhu, to
lower the volume of the tape-recorder being played by him. Shambhu
brought, with him, Dalip ... earlier, as
he owns a tea stall, started playing the tape recorder at a high
volume. At this, Barun told him to lower the volume
complainant gave signal. Tape recorder was given
to the complainant. Conversation could not be recorded in the
tape recorder. The accused accepted the amount ... Cassette was inserted in tape recorder.
Conversation between complainant, panch and ACB Officer was to be
recorded in the tape recorded before proceeding for trap
tape-
recorder was given to the complainant to record the
conversation. Thereafter, the complainant again met the
appellant in the Collectorate premises and recorded
conversation ... handing over the initial tape, the
complainant P.W.10 at para 26 stated that the Tape-recorder
which was given to one Sukhendra Sonkar
bribe for settling the case and
therefore, he arranged for tape recording the conversation
without the notice of the accused. The complainant submitted
the duly ... tape recorded conversation between him and the
accused to the SP, CBI, in which the accused had allegedly
demanded `50,000/-, out of which
examination of an expert that a voice
having under tape recorder to be that of appellant, but withheld to
place whether other voice happens ... prosecution has based upon means of electronic
device as well as tape-recorded conversation and majority of the
evidences are connected therewith. As such, prime
Court is not knowing what was recorded
11
and whether any conversation was recorded or not, if
recorded, what were the conversations.
11. Learned counsel ... tape
recorder on and recorded the conversation between him
and the accused person. He has not examined whether
same was recorded in the tape recorder