BHANDARI, J. :- The decision of this case turns on the construction of the expression "entrusted" appearing in S. 405, Penal Code.

2. The facts of the case are simple and not in dispute. On 21-2-1949 Jage Ram respondent borrowed a cycle from Duni Chand complainant promising to return the same within a period of two or three days. He failed to fulfil his promise and the complainant accordingly reported the matter to the police. During the course of investigation, it transpired that shortly after borrowing the machine from the complainant the accused sold it to one Kashmiri Lal for a sum of Rs. 125/-. The learned Magistrate came to the conclusion that on the facts found no case under S. 406, Penal Code, had been made out against the accused and directed that he be acquitted. The Provincial Govt. has come to this Court in appeal and the question before this Court is whether the Court below has come to a correct determination in point of law.

3. In the course of his judgment the learned Magistrate observed as follows:

"In the present case, the accused was not entrusted with the cycle. It was not a voluntary act on the part of Duni Chand to have the cycle in the custody of the acc