Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal breach of trust public servant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Criminal Law : Penal Code, 1860 : Section 409. Criminal breach of trust - By public servant - Charge - Establishing of - ingredients to be proved - Held: Prosecution must establish (i) Accused is a public servant (ii) is in such capacity entrusted with property or with dominion over it and (iii) he committed criminal breach of trust in respect of it - Strict proof must be given. Criminal breach of trust - By public servant - J and M, employees of Government Heat Treatment Centre, authorised to bring certain quantity of light diesel oil from Indian Oil Corporation (IOC) - For that purpose bank draft and authority letter given to J - But M took delivery of diesel oil and signed the cash memo as well as the register in token thereof - Oral evidence of Senior Technical Officer, Government Heat Treatment Centre and Depot Manager IOC confirmed that M took delivery of diesel oil - However, diesel oil was found to be deficient by 4300 litres - Subsequently, J gave an undertaking to make up the deficiency - Held: in view of said oral evidence there is no entrustment of diesel or dominion over the same, to J - Handing over of bank draft and authority letter to J cannot lead to a contrary interference - Even the said undertaking by J cannot amount to confession or admission of guilt on the part of J - Hence, conviction of J under S. 409 not sustainable - However, in view of oral and documentary evidence, M is rightly held guilty of embezzlement of 4300 litres of diesel oil - Hence his conviction is upheld - Evidence Act, 1872, Ss. 17 and 24. Property - Entrustment of - Proof - Absence of legal and independent proof of entrustment - However, partial admission of entrustment obtained by putting a question with regard to entrustment - Held: Such partial admission not sufficient to prove entrustment - Rather, it is improper to even put such a question. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 88 |
Petitioner | Jiwan Dass |
Respondent | State Of Haryana |
SCR | [1999] 1 S.C.R. 922 |
Judgement Date | 1999-02-26 |
Case Number | 990 |
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