Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust by public servant - Quashing of Charge sheet - Only charge against accused is that fund which was misappropriated by co-accused was deposited in his account - Accused failed to explain as to how and under what circumstances huge amount was deposited in his account -..........
Indian Penal Code, 1860, Section 408, Criminal Procedure Code, 1973, Section 313 -- Criminal breach of trust - Misappropriation of school bus fare - Head clerk of school allegedly misappropriated school bus fare - All teachers deposited bus fare of students with accused - No question of entrustment of bus fare was specifically put to accused during his examination -..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Misappropriation of money - Allegations that petitioner received amount from customer to deposit in account but there is no direct evidence to that effect - Customer could not be examined during trial on account of his death - None of his family members who were acquainted with his handwritings and..........
Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406 -- Territorial jurisdiction - Criminal breach of trust - Return of stridhan articles - Articles are to be returned after conclusion of trial at place `H' where wife is residing with her parents - Part of cause of action has thus arisen at place `H' and Court at that place has jurisdiction -..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Two ingredients are: (i) entrustment; (ii) misappropriation...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Entrustment and misappropriation - Once entrustment is proved by prosecution, onus shifts on accused to show that entrustment was duly accounted for and that there was no misappropriation...........
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Sanction for prosecution - Entrustment and missing of the entrusted items - Accused not entitled to the protective umbrella of S.197 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 378(4) -- Offence u/ss 498-A, 323, 406, 506 - Neither any demand nor any entrustment of dowry or causing any injury proved - Acquittal upheld...........
Dowry Prohibition Act, 1961, Section 6 -- Entrustment of dowry amount and articles - Complaint against parents and sisters of husband - No specific allegations against appellants that dowry articles were entrusted to them - Nor there is any evidence that dowry articles were used by appellants who were living separately - Uncontroverted allegations made in complaint do not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Entrustment of seal to police officials - Where sample parcels and other articles of case property remained intact and were never tampered, entrustment of seal to police official would not create any dent in prosecution case...........
