S. SATHIYASEELAN Vs. STATE

JUDGEMENT

(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.