JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 20.07.2009 passed by the High Court of Delhi at New Delhi in Criminal Appeal No.447 of 2001 whereby the High Court dismissed the appeal filed by the appellant herein and upheld his conviction and sentence awarded by order dated 31.05.2001 passed by the Special Judge, Delhi in C.C. No.53 of 1995 acquitting him of the charge under Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and convicting him for the charges under Sections 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act”) and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.40,000/- under Sections 7 and 13(2) read with Section 13(1)(d) of the PC Act cumulatively, in default of payment of fine, he shall further undergo simple imprisonment for six months.

2. In order to appreciate the issues involved in this appeal, few facts need mention hereinbelow.

3. In short, the case of the prosecution is that the appellant was an employee of Delhi Electric Supply Undertaking (DESU). At the relevant time,