1. The present appeal assails the correctness of the conviction and sentence imposed on the appellant by the learned Principal Special Judge for CBI Cases, Chennai.

2. The appellant/accused was put on trial for the offence punishable under Sections 120B, 420(12 counts), 467 r/w 471 IPC (12 counts) and Section 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988. The trial Judge found him not guilty for offence under Section 120-B of IPC. However, found guilty of charges for the offence under Sections 420, 467 r/w 471 of IPC and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and has sentenced him to undergo 2 years RI and to pay a fine of Rs.3,000/- in default, to undergo 2 months RI for the offence under Section 420 IPC (12 counts); to undergo 1 year RI and to pay a fine of Rs.1000/- in default to undergo 2 months RI for the offence under Section 467 r/w 471 of IPC and to undergo 2 years RI and to pay a fine of Rs.3000/- in default, to undergo 2 months RI for the offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. The trial Court directed that the sentence to run concurrently.

3. The case of the prosecution as unfold through the witnesses is as follows:

The accused/appellant Mr.S.Sathiyaseelan was working as a Manager in Canara Bank, Sainapuram Branch, Arakonam Taluk, North Arcot District, Tamil Nadu between 01.01.90 to 05.08.92. While functioning in the above capacity and discharging his duty, he dishonestly and fraudulently abusing his official position and granted loans to 12 unknown persons for purchase of sheep, totally a sum of Rs.96,000/-. Later, it was found that the non-existing persons and the accused in connivance with the other unknown persons have forged the documents and have fabricated records as if loan disbursed to these 12 non-existing persons and later, siphoned the money from the account opened in the name of those fictitious persons by further creating forged withdrawal slips.

4. In support of the prosecution, 11 witnesses were examined and 171 exhibits were marked. No witness or document marked on behalf of the accused.

5. PW2-Mr.Nagarajan, who succeeded the accused as Bank Manager of Canara Bank, Sainapuram has identified the sheep loan applications processed by the accused and the disbursement of money in the name of those 12 unknown persons. He has explained the procedure to be followed by the Bank for granting sheep loan and pointed out, how the accused has floated the procedure and without filling up the loan applications and affixing the photos of the loanees and without proper introduction for opening the bank account, loan amount has been credited into the account of those 12 fictitious persons, without any essential particulars for granting loan. The Village Administrative Officers of the respective areas, who are examined as PW3, PW4 and PW5 have deposed that there were no such persons by name 1. Mr.R.Dhanasekaran, 2. Mr.V.Umamaheswaran, 3. Mr.M.Soundararajan, 4. Mr.M.Sivakumar, 5. Mr.K.Ramaswamy, 6. Mr.S.Kannappan, 7. Mr.S.K.Ramabadran, 8. Mr.D.Murugesan, 9. Mr.K.Ramalingam, 10. Mr.K.Arumugam, 11. Mr.R.Jayaram and 12. S.Nandakumar in the locality mentioned in the loan application. The Extra Department Post Master Mr.R.Mani, who has been examined as PW8 has also substantiated that the evidence of PW2, PW3 and PW4 regarding the nonexistent of above named persons in the said locality. Thus, the prosecution has established that the twelve named persons for whom, the loan was sanctioned and disbursed by the accused are all fictitious persons and the loan amount had been withdrawn by the accused himself. Therefore, the trial Court had found him guilty and convicted and the sentence as stated above.

6. The accused/appellant has put forth his submission challenging the judgment of the trial Court on the following heads:

The charges framed by the trial Court is defective and caused prejudice to the accused. More than 3 incidents of above said crime have b