Pandrang Row, J.

1. The charge against the accused is on two counts, and I desire that you should pay particular attention to the wording of the charge. In substance it relates to two sums of Rs. 4000 each paid into the hands of the accused by Mrs. Appasami on the 20th November 1933, and the 2nd March 1934, respectively in discharge of a mortgage for Rs. 8000 executed by her husband, the late Dewan Bahadur Paul Appasami in 1923 in favour of the Foreign Mission at Pondicherry of which Father Pinel who was examined before you was Procurator at all material times. The particular point to which I wish to draw your attention is that the charge itself is to the effect that by receiving these amounts in his capacity as an attorney or agent of the Mission and by failing to pay the same to Father Pinel the accused had committed criminal breach of trust. You will thus see that the charge says that the non-payment to Father Pinel after entrustment by Mrs. Appaswami constitutes criminal breach of trust. I will lay stress once more on it, because the point is very important. The trust that is alleged by the prosecution or the entrustment was by Mrs. Appaswami with the accused. Father Pin