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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Republic of India, Represented through Its Supdt. of Police, CBI, Special Police Establishment, Bhubaneswar – Appellant
Versus
Kailash Chandra Das – Respondent
| Table of Content |
|---|
| 1. prosecution claims misappropriation by respondent. (Para 1 , 2) |
| 2. defendant contests charges, citing lack of evidence. (Para 3 , 4) |
| 3. insufficient evidence for entrustment established. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court upholds trial court's acquittal. (Para 10) |
| 5. criminal appeal dismissed. (Para 11) |
JUDGMENT :
1. Present appeal is directed against judgment dated 24th July, 2001 passed by learned Special C.J.M. (C.B.I.)-cum-Asst. Sessions Judge, Bhubaneswar in S.P.E. Case No.3 of 1993, wherein the Respondent has been acquitted from the charge under Section 409 of I.P.C.
3. The defence case is of complete denial and falsehood.
5. Learned trial judge upon analysis of materials came to the finding that the evidences produced on record are insufficient to prove entrustment of the amount to the Respondent and therefore, the offence of criminal breach of trust for misappropriation is not attracted. Accordingly the Respondent is acquitted from the charge.
7. The status of the Respondent as a public servant that he was serving as Extra Departmental Post Master remains admitted and undisputed. As per specific allegations, he received Rs.500/- in respect of the depositor Kailas
In criminal breach of trust, the prosecution must establish entrustment of property to the accused, failing which, acquittal is warranted.
An error in the charge framed by the trial court under Section 212 of the CrPC will not be regarded as material unless it misleads the accused or occasions a failure of justice.
The main legal point established in the judgment is that a public servant can be held liable for criminal misconduct and breach of trust under relevant legal provisions, and the court has the discret....
Prosecution must present cogent evidence to establish misappropriation under Section 409; failure to meet burden results in acquittal.
Misappropriation by a public servant requires proof of trust, dishonest intent, and encasement of property not belonging to the accused, as upheld in this case.
Criminal Law – Offence of Criminal breach of trust by public servant, or b banker, merchant or agent – Appeal against Acquittal – Whether Acquittal justified - Prosecution has also to prove that the ....
Revisional jurisdiction under CrPC 401 limited; no evidence re-appreciation unless miscarriage of justice. Conviction under IPC 409 for Property Clerk's misappropriation upheld on entrustment proof v....
Public servants misappropriating funds and failing to remit them can be convicted under the PC Act and IPC. The absence of documentation does not exempt accountability for the misappropriation.
The prosecution is not obliged to prove the precise mode of misappropriation, and failure to account for entrusted property can lead to an inference of misappropriation.
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