1976 (11) TMI 214 - SC - Indian Laws

Summary

Issues:
- Criminal breach of trust in respect of a receipt-book entrusted to the appellant as a Patwari.

Analysis:
The appellant, a Patwari, was suspended and faced a departmental inquiry. Upon suspension, he failed to hand over the charge of his post, leading to a forced takeover by his successor. The prosecution alleged criminal breach of trust regarding a receipt book, a roznamcha waqlati, a copying fee register, and an amount of Rs. 26.50. The Judicial Magistrate exonerated the appellant for most items but convicted him under Section 409 of the IPC for the receipt book. The Sessions Judge and High Court upheld the conviction. The Supreme Court analyzed the evidence and legal requirements under Section 409. The Court noted that the appellant was entrusted with the receipt book but found no evidence of dishonest misappropriation or conversion by the appellant. The Court emphasized that mere failure to return the receipt book did not establish criminal breach of trust. As there was no proof of dishonest intent, the Court concluded that the appellant was wrongly convicted under Section 409.

The Supreme Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of the offence under Section 409 of the Indian Penal Code.