abhisheksinghadvocate (advocate at lucknow) 27 December 2014

Section 409 ipc

IF ANY BODY HAVE CASE LAW RELATING TO MY PROBLEM MENTIONED HEREUNDER KINDLY GIVE ME THE DETAILS OF THAT CASE LAW:

My client is a police officer at relevant time he was posted as Head Moharrir (MALKHANA). At that time one auto rickshaw was taken into P.S. and parked in open parking area just back side of P.S. office, that auto found missing after 4 or 5 days during random checking. my client lodged an F.I.R. against unknown person. But during investigation I.O. has made him accused only on the basis of his responsibility as Head Moharrir (Malkhana) U/s 409 IPC. The premises was open the possibility of theft can not be ruled out.

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2 Replies

Akhilesh Kumar (Legal Counsel) 27 December 2014

Dear Mr. Abhishek, for constitution of offence u/s 409 ipc, two main ingredients are to proved, they are:

a) The Accused, a public servant, or banker or agent was entrusted with property of which he is duty bound to account for: and (b) The accused has committed criminal breach of trust and converted it for its own use, as defined under Section 405 of IPC.

In your case in my opinion there is neither Entrustment of Property nor breach of trust.

Please find attached herewith a leading judgment of Supreme court in the matter of Kailash kumar Sanwatia vs. the state of Bihar and Anr., probably it will help you.

Thanks & Regards

Akhilesh Kumar

Attached File : 731554412 kailash kumar sanwatia vs the state of bihar and anr on 2 september, 2003.pdf downloaded: 124 times

abhisheksinghadvocate (advocate at lucknow) 27 December 2014

Dear Mr. Akhilesh you are right,, there is no evidence to prove the case of prosecution. this Case law is a very good case law in this section. thanks for your reply, if you have any other case law then kindly post it.