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2. Charge sheet under Section 498A/506/406/34 IPC was filed in the court, accused persons were supplied the documents in compliance of section 207 Cr.P.C. Vide order dated 26.11.1997, charge was framed against all accused persons for offence u/s 498A/506/34 IPC and under Section 406 IPC against accused Sushila Negi only to which they pleaded not guilty and claimed trial.

St. Vs. Vijay Negi etc. FIR no. 290/97, P.S. K.M. Pur

38.Only the accused Sushila Negi, mother in law of the complainant is facing trial for offence u/s 406 IPC.

39.Coming to Section 406 IPC, Section 406 IPC deals with criminal breach of trust. Section 406 IPC reads as under:­ "whoever commits criminal breach of trust shall be punished with imprisonment of either description for a terms which may extend to three years, or with fine, or with both"

Section 405 IPC defines criminal breach of trust. The relevant portion of the definition reads as under:­ "405 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 prescriting the mode in which such trust is to be charged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or will fully suffers any other person so to do, commits "criminal breach of trust".

40.Therefore, before a property could be misappropriated, the same is necessary to have been entrusted first to the accused. In Jaswant Lal Vs. State AIR 1968 SC 700, the Hon'ble Supreme Court laid down that entrustment is an essential ingredient of an offence u/s 406 IPC. In Reshan Lal Vs. State AIR 1983 SC St. Vs. Vijay Negi etc. FIR no. 290/97, P.S. K.M. Pur 631, Hon'ble Supreme Court held that proof of entrustment is an essential ingredient of the offence. Similarly, in Ram Narayan Vs. CBI 2003 (3) SCC 641, Hon'ble Supreme Court, held that no constitute an offence of criminal breach of trust, there must be an entrustment. As such, entrustment is one of the essential ingredients for the offence u/s 406 IPC.

43.In view of the above, I am of the considered opinion that the prosecution has failed to bring home the guilt of the accused persons u/s 406 IPC beyond reasonable doubt. Therefore all accused persons are also acquitted for offence under Section 406 IPC.

44.I order accordingly. 

Announced   in  the  open court                            (PRIYA MAHENDRA)
                   th 
on  this day of 26 November 2012                           Metropolitan Magistrate: 
                                                           Mahila Court­ South Delhi, 
                                                           Saket Court Complex, New Delhi




                                                   St. Vs. Vijay Negi etc. FIR no. 290/97, P.S. K.M. Pur