Regarding section 409 and 420 of IPC

Mr. Sunil kumar,

                 Sorry for you but as you are convicted by the trial court that means that all the evidence was against you. As IPC S - 409 clearly states  Criminal Breach of  trust by public servant, or by banker or by merchants or agent...

                 As you were one of the above person your responsiblity was to deposite the money in the post office, you have not perform your duty........ 

                 So it amounts to one of the misappropriation entrusted with the money by the law .........

Sir is there any judgement which goes in favour of accused ? please guide me.

Hi Sunil,

Can you answer some of my Questions ?

1) Did you have acces to the office chest ?

2) Who had instruced you to do 'what' with the money ?

3) And what did you do with the money if somebody had assigned you a duty regarding money ?

Regards,

Ravi

Dear Sir

1 When I was appointed cashier I have access to the chest.

2 My higher authorities were well known to the fact that the money deducted from employees was in the office chest and even I have tried to hand over the money to the concerned but he has refused to collect and gone to the police.

3 The money was safe in the office chest which was handed over to the police in presence of some witnessess. 

regards

Sunil Kumar

Hi Sunil,

First of all, as you have been convicted in a criminal case, you can file for a revision under section 397 crpc.

Can you post here the court' judgement on your case ?

Regards,

Ravi

@ Author 

Judgments in your favor (for acquittal) are;

Re.: State of Bihar Vs. Ram Singh, 1992 (2) East Cri C 25 : 1996 (2) BLJ 201 (P)at0; Avajit Ghosh Vs. State of Jharkhand, 2008 Cri LJ (NOC) 47 (Jhar); State of Jharkhand Vs. Vijai Kumar Thakur, 2008 (1) Crimes 251 (jhar).
Reasoning:
Colly HELD:-

1. There was no allegation that the amount which was entrusted  with the respondent was misappropriated by him in any manner.

2. Entrustment has to be proved by prosecution and in your case it is not proved since the case was seized fromt he chest and no misappropriation of the same be it so for RD was there. Only thing that may come is "lack of deligence in duty of a public servant"

ops clerical error on my part

read (P)at0 as (Pat)

All these citation your ld. Adv. shall have access to and or search for above common re. at www.indiankanoon.org by doing name search and same can be filed by giving Affidavit thereof.

Thanks Sir for providing the judgements......

@Amit Parmar

Sir, with due resepct, I would like to differ with you on one point. Yes, it does involve "criminal breach of trust" as a public servant but he never cheated anyone as money was still safe in the chest. Yes, he did induce something which can be attributed to "negligence of duty" but not to "cheating" and thereby "dishonesty" as IPC 420 clearly says "cheating & thereby dishonesty".

So, his case is very strong. He should walk scot free.

Regards,

Ravi Trivedi