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Issues Involved:
1. Admissibility of tape-recorded evidence. 2. Violation of Section 25 of the Indian Telegraph Act. 3. Applicability of Section 162 of the Criminal Procedure Code. 4. Existence of an attempt to obtain gratification. 5. Appropriateness of the sentence imposed. Issue-Wise Detailed Analysis: 1. Admissibility of Tape-Recorded Evidence: The appellant contended that the trial court and the High Court erred in admitting the tape-recorded conversation between Dr. Motwani and the appellant, arguing it was illegally obtained and thus inadmissible. The High Court, however, found that the conversation recorded on tape corroborated the evidence of Dr. Motwani and Dr. Adatia. The Supreme Court referenced several precedents, including *Shri N. Sri Rama Reddy v. Shri V. V. Giri* and *Yusufalli Esmail Nagree v. The State of Maharashtra*, which accepted tape-recorded conversations as admissible evidence. The Court emphasized that tape-recorded conversations are admissible if they are relevant to the matter in issue, the voices are identified, and the accuracy of the recording is proven. The Court concluded that the tape-recorded conversation in this case was admissible as it met these criteria. 2. Violation of Section 25 of the Indian Telegraph Act: The appellant argued that the evidence was obtained in contravention of Section 25 of the Indian Telegraph Act, which prohibits the interception of messages. The High Court acknowledged that the telephone call was tapped by the police, violating Section 25, but still held the evidence admissible. The Supreme Court clarified that the police officers recorded the conversation with Dr. Motwani's permission, thus not constituting a violation of Section 25. The Court cited *Kurma, Son of Kanju v. R.*, which held that evidence is admissible regardless of how it was obtained, provided it is relevant and genuine. The Court concluded there was no violation of the Telegraph Act in this case. 3. Applicability of Section 162 of the Criminal Procedure Code: The appellant contended that the tape-recorded conversation fell within the vice of Section 162 of the Criminal Procedure Code, which governs the admissibility of statements made during police investigations. The Supreme Court noted that the conversation was between Dr. Motwani and the appellant, with neither making a statement to a police officer. Thus, Section 162 did not apply. The Court found no merit in this contention, as the conversation did not constitute a statement made during an investigation. 4. Existence of an Attempt to Obtain Gratification: The appellant denied attempting to obtain gratification. The evidence showed that the appellant demanded Rs. 20,000 from Dr. Adatia through Dr. Motwani, later reducing it to Rs. 10,000 and then raising it to Rs. 15,000. The Court found that these actions constituted an attempt to obtain gratification. The Court concluded that the facts proved the commission of the offense under Sections 161 and 385 of the Indian Penal Code. 5. Appropriateness of the Sentence Imposed: The appellant argued that the sentence of six months' imprisonment should be set aside, citing his payment of a Rs. 10,000 fine and his health issues. The Court noted that while leniency might be considered in some cases, the gravity of the offense and the appellant's position at the relevant time did not merit such consideration. The Court upheld the sentence, emphasizing the seriousness of the offense and the appellant's role as a public servant. Conclusion: The Supreme Court dismissed the appeal, upholding the conviction and sentence imposed by the High Court. The appellant was ordered to surrender to his bail and serve out the sentence. The Court's judgment reinforced the admissibility of tape-recorded evidence, even if obtained by questionable means, provided it is relevant and genuine. The Court also clarified the application of Sections 25 of the Indian Telegraph Act and 162 of the Criminal Procedure Code in the context of tape-recorded conversations.
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