M VENKATA NAIDU Vs. STATE

JUDGEMENT

(1.) The appellant was convicted for an offence punishable under Section 408 of the Indian Penal Code (for short the IPC ) read with Section 79 (f) of the A.P. C.S. Act and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three months.

(2.) Section 408 of the IPC deals with the punishment for criminal breach of trust by clerk or servant. It is as follows:- Whoever, being a clerk or servant or employed as a clerk or servant and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either deScription for a term which may extend to seven years, and shall also be liable to fine". Criminal Breach of Trust is defined under Section 405 of the IPC and it is as follows:-

(3.) Whenever a charge of criminal breach of trust is alleged the main ingredients to attract the offence are (1) the accused must have been trusted with the property or dominion over it, (2) the accused must have misappropriated the property or disposed of that property in violation of such trust.