MUKTA GUPTA

1. By the present appeal the Appellant challenges the judgment dated 25th July, 2002 convicting the Appellant for offences under Sections 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (in short “the PC Act”) and the order on sentence dated 26th July, 2002 directing him to undergo Rigorous Imprisonment for a period of four years and a fine of Rs. 500/- each under Sections 7 and 13 (2) of the PC Act and in default of payment of fine to further undergo Rigorous Imprisonment for three months on each count.

2. Learned counsel for the Appellant contends that the prosecution has failed to prove the motive as the transfer order was issued under the orders of the President of India and the Appellant had no role to play therein. He could not have stopped the Complainant from joining the Post and Telegraph Department. Two traps were laid, first on 27th June, 1994 wherein admittedly no demand was made by the Appellant and second on 28th June, 1994 wherein also neither the demand nor the acceptance nor recovery has been proved. The alleged audio cassette prepared in the evening of 27th June, 1994 is of no relevance as the same was not s