1. The criminal appeal arises out of the judgment of conviction and sentence, dated 20.04.2006 made in S.C.No.368 of 2006 on the file of the learned Additional District Judge (Fast Tract Court NO.I), Coimbatore, whereby the accused through charged under Sections 395 and 397 IPC, convicted for the offence under Section 392 IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2,000/- each in default, to undergo three months simple imprisonment. Against which, the present appeal has been filed.

2. The case of the prosecution is as follows:

(i) On the side of the prosecution, P.W.1 to P.W.9 were examined; Exs.P.1 to P.9 and M.O.1 to M.O.5 were marked.

(ii) P.W.1/Nagaraj, P.W.2/Murugesan, P.W.3/Marudhachalam, P.W.4/Arokiyam and P.W.5/Veerasamy were working as Security Officers in South India Viscose Company. On 02.06.2006 P.W.1 to P.W.5 were in security duty at South India Viscose Company. At about 1.00 p.m., when they were in patrol duty, they heard a noise from the northern side of the Factory. When they went to the place from where they heard the noise, they saw two vehicles, namely, TVS Star City and TVS XL Super motor cycle containing Aluminim