AIR 2012 SUPREME COURT 3242 ::2012 AIR SCW 4445 ::AIR 2012 SC (Criminal) 1461 ::(2012) 3 DLT(CRL) 437 ::(2012) 3 CurCriR 335 ::(2012) 3 AllCriR 2394 ::(2012) 53 OCR 182 ::2012 (8) SCC 547 ::2012 (3) SCC (Cri) 979 ::2012 (3) RecCriR 922 ::(2012) 7 Scale 63 ::2012 (4) AllCriLR 166 ::(2012) 3 ChandCriC 15 ::(2012) 4 Mh LJ (Cri) 593 ::(2013) 1 UC 294 ::(2012) 78 AllCriC 982 ::(2012) 117 AllIndCas 33 (SC) ::2012 All MR(CRI) 3034

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): P. Sathasivam, Ranjan Gogoi , JJ

(A) Penal Code (45 of 1860) , S.409, S.405— Criminal breach of trust by public servant - Essential ingredients. In order to sustain conviction under S. 409, IPC, two ingredients are to be proved; namely, (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 S. 405, IPC. The basic requirement to bring home the accusations under S. 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.(Para 7) (B) Penal Code (45 of 1860) , S.409— Accused dealer of fair price shop - Rice entrusted to him for distribution against coupons under Food For Work Scheme - Evidence showing that he sold essential commodities even without ration card - Accused also unable to submit coupons for deficiency found by the inspecting officers in his shop - Evidence clearly shows that accused had dishonest intention not to distribute rice properly to beneficiaries - Accused liable to be convicted under S. 409. (Para 10....