STATE OF ORISSA Vs. HUSEN KHAN

JUDGEMENT

(1.) This is an appeal on Special leave being granted under Section 378(1), Cr. P.C. is directed against judgment of acquittal of the respondent, tried for an offence under Section 406, I.P.C.

(2.) Prosecution case is that on 13-8-1982, P.W.1 the Forester found 24 logs from bed of river Saveri and Sileru near Motu. They were seized under Ext. 5 and were kept in zima of accused as per Ext. 6. One year after P.W. 1 went to the village on 25-8-1983 and found existence of only six logs. Accused who was in zima of the logs could not account for the non-existence of the other logs and remained silent when asked. On that account, P.W. 1 lodged, information at Motu Police- Station on 27-3-1983. After investigation, charge-sheet was submitted against the accused for having committed offence under Section 406, I.P.C., alleging misappropriation of 18 Nos. of logs kept in his custody. Pleading not guilty, defence of the accused is that the logs alleged to have been mis-appropriated were stolen and he is not responsible for, there.

(3.) Since accusation is in respect of an offence under Section 406, I.P.C., the said provision is to be kept in mind. It reads as follows: p406 Punishment for criminal breach of trust-Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Criminal breach of trust is the essential requirement of an offence under Section 406, I.P.C: Meaning of the term has been provided in Section 405, I.P.C. Relevant portion of this provision reads as follows: p405 Criminal breach of trust-Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits T1criminal breach of trust. (Explanations 1 and 2 and illustrations omitted.) Thus, in order to bring home guilty, prosecution is required to prove.