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of <h1>Appellant's Bribery Conviction Upheld with Admissible Tape Evidence, Sentence Reduced for Health Reasons</h1> <h3>YUSUFALLI ESMAIL NAGREE Versus STATE OF MAHARASHTRA</h3> The Supreme Court upheld the appellant's conviction under S. 165-A of the Indian Penal Code for bribery, based on corroborated evidence including a tape ... = Issues:- Conviction under S. 165-A of the Indian Penal Code- Corroboration of evidence- Admissibility of tape recording as evidence- Application of S. 162 of the Code of Criminal Procedure- Protection under Art. 20(3) of the Constitution- Sentencing considerationsConviction under S. 165-A of the Indian Penal Code:The appellant challenged his conviction under S. 165-A of the Indian Penal Code, related to bribery. The case involved the appellant offering bribes to a municipal employee to avoid execution of a warrant. The High Court convicted the appellant on both counts based on evidence from a witness and a tape recording. The appellant's explanations were rejected, and the courts found the charge of bribery proved.Corroboration of evidence:The High Court required corroboration of witness testimony. Naik's evidence supported the witness Shaikh's account. Despite arguments that Naik was an accomplice, the court found him reliable and credible, leading to the acceptance of the witness's testimony without further corroboration.Admissibility of tape recording as evidence:The tape recording of the conversation between the appellant and the witness was crucial evidence. The court upheld the admissibility of the tape recording under the Indian Evidence Act, citing previous cases where tape recordings were admitted to corroborate witness statements. The court emphasized the accuracy and relevance of the tape recording in establishing the bribery attempt.Application of S. 162 of the Code of Criminal Procedure:The defense argued that statements made by the appellant during the recorded conversation were inadmissible under S. 162, which restricts the use of statements made to the police. However, the court determined that the conversation was between the appellant and the witness, not a statement to the police, thus not falling under S. 162 restrictions.Protection under Art. 20(3) of the Constitution:The appellant claimed protection under Art. 20(3) against self-incrimination due to police deception. The court ruled that the appellant's conversation was voluntary, with no coercion or compulsion, and therefore did not violate Art. 20(3) protections against self-incrimination.Sentencing considerations:The appellant's age and health conditions were considered during sentencing. Due to his health issues, the court reduced the substantive sentence to the period already served by the appellant, leading to the dismissal of the appeal with modified sentencing.In conclusion, the Supreme Court upheld the conviction under S. 165-A, emphasizing the importance of corroborated evidence and the admissibility of the tape recording. The court clarified the application of legal provisions regarding statements to the police and self-incrimination, ultimately modifying the appellant's sentence based on health considerations.
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