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TMI Blog2012 (8) TMI 1230X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 409 of the Indian Penal Code, 1860 (hereinafter referred to as Indian Penal Code ) by the trial Court. 3. Brief facts: (a) The Appellant was the Fair Price Shop dealer of Stuartpuram village and also in-charge dealer of Fair Price Shop at Chinabethapudi. He was entrusted with the task of distribution of rice at free of cost under Food For Work Scheme (FFWS) to the workers on production of coupons, to maintain proper accounts and to handover the said coupons to the Mandal Revenue Office to that effect. (b) During the 17th Janma Bhoomi programme, on 03.06.2002, one Nadendla Jakraiah filed a complaint against the Appellant to the Mandal Revenue Officer (MRO), Bapatla regarding the irregularities committed in the distribution of es ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Crime No. 22 of 2002 Under Sections 409 and 420 of Indian Penal Code. After investigation, the police arrested the Appellant on 30.09.2002. (f) After considering the evidence, the II Addl. Jr. Civil Judge-cum-Judicial First Class Magistrate, Bapatla, by judgment dated 22.05.2004 in C.C. No. 7/2003, found the Appellant guilty for the offence punishable Under Section 409 Indian Penal Code and not guilty Under Section 420 Indian Penal Code and, accordingly, convicted and sentenced him to suffer simple imprisonment for 6 months and also to pay a fine of Rs. 1,000/-, in default, to further undergo simple imprisonment for 1 month. (g) Aggrieved by the said judgment, the Appellant preferred an appeal being Criminal Appeal No. 210 of 2004 befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llegation. 6. On the other hand, Mr. Mayur Shah, Learned Counsel for the State, after taking us through the entire materials placed by the prosecution and reasonings of the Courts below, pleaded for confirmation of the conviction and sentence imposed on the Appellant. 7. In order to appreciate the above contentions, it is useful to refer the definition and punishment of criminal breach of trust and related provision provided Under Sections 405, 406 and 409 Indian Penal Code which read as under: 405. Criminal breach of trust.- Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) the accused, a public servant or a banker or agent was entrusted with the property of which he is duty bound to account for; and ii) the accused has committed criminal breach of trust. What amounts to criminal breach of trust is provided Under Section 405 Indian Penal Code. The basic requirement to bring home the accusations Under Section 405 are the requirements to prove conjointly i) entrustment and ii) whether the accused was actuated by dishonest intention or not, misappropriated it or converted it to his own use to the detriment of the persons who entrusted it. 8. In the light of the above broad principles, let us examine the materials relied on by the prosecution. To prove the above offence, the prosecution examined PWs 1-6, viz., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 3, along with PW-4 and some others, carried out an inspection over the Fair Price Shops of the Appellant-accused at Chinabethapudi and Stuartpuram and submitted a Report. PW-3 stated that the Appellant-accused disposed of 67.65 quintals of rice in black market intended for FFWS. According to these witnesses, the value of foodgrain was around Rs. 84,562/-. On the same day, i.e., on 25.07.2002, PW-2 recorded the statement of the Appellant-accused under Exh. P-7 wherein nowhere he denied the contents of the said statement. It is also clear from the prosecution evidence that the Appellant was not in a position to show the correct details, particularly, the handing over of rice to the beneficiaries by securing coupons/vouchers from them. Thou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of property of the Government to the accused. In the case on hand, the Appellant, an agent entrusted with the distribution of rice under the Food for Work Scheme (FFWS) to the workers on production of coupons, was charged with misappropriation of 67.65 quintals of rice. The evidence also proves that there was entrustment of property to the accused. All these aspects have been rightly considered by the trial Court and found the Appellant guilty of the offence punishable Under Section 409 Indian Penal Code. The appellate and revisional court, on appreciation of the materials placed by the prosecution and defence, confirmed the same. We are in entire agreement with the said conclusion. 11. Mr. Giri, Learned Senior Counsel for the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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