KOCH v. NICHOLAS PULLE.

KOCH v. NICHOLAS PULLE.

P. C, Puttalam, 5,095.

 

Criminal breach of trust-Penal Code, s. 389-Master and servant- Deficiency in quantity of goods entrusted to servant- Evidence in proof of criminal breach of trust.

Mere deficiency in the quantity of goods entrusted to a servant is not of itself sufficient proof of criminal breach of trust. It must be shown that the accused disposed of the property in some other way than that in which he was bound to apply it, and that in so disposing of it he did so dishonestly.

THE accused was a servant of the Local Board of Puttalam, and as such he was entrusted with 700 small tin plates for the purpose of attaching them to carts, &c, for which licenses had been taken out. At the end of the year he was not called on to account for the unused plates. In the beginning of 1898 he was entrusted with 700 more plates. On the 15th June, 1898, there was a verification, and after crediting him with the same number of plates as the number of licenses issued in 1897 and 1898, there was found to be a deficiency of 95 plates, for which he was held responsible by the Police Magistrate and charged with criminal

Click Here to Read the rest of this document