JUDGMENT

Greaves, J. - The appellant has been convicted by a Presidency Magistrate of an offence u/s 406 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of two years. Section 406, under which the appellant was convicted, relates to criminal breach of trust and criminal breach of trust, as defined in Section 405, means dishonest misappropriation or conversion by some one of property entrusted to him or over which he has been given dominion.

2. The facts of the present case are as follows. On the 31st of May last year the appellant called at Messrs. Boseck & Co., a jeweller in Chowringhee Road, and represented that he was a relation of the Raja of Naldanga, and stated that he wanted to buy some jewellery for his daughter's wedding and that he wanted the goods for approval as his daughter could not come out. According to the prosecution story the appellant selected some articles of jewellery and signed a receipt for them in the inspection book and took them away. He subsequently returned on the 1st of June brought back two of the articles taken by him on the 31st May of which he did not approve, and selected some further articles of jewellery which he