offence..."
26. Section 405 Indian Penal Code deals with criminal
breach of trust. A careful reading of the Section 405 Indian Penal
Code shows ... converted to their own use so as to satisfy the
ingredients of Section 405 & 415 IPC punishable u/s 406 & 420
IPC. Further
offence..."
26. Section 405 Indian Penal Code deals with criminal
breach of trust. A careful reading of the Section 405 Indian Penal
Code shows ... converted to their own use so as to satisfy the
ingredients of Section 405 & 415 IPC punishable u/s 406 & 420
IPC. Further
section 406 IPC, it be observed that in order to establish the
commission of offence u/s 406 IPC the necessary ingredient of section 405 ... section 406 IPC, it be observed that in order to establish the
commission of offence u/s 406 IPC the necessary ingredient of section 405
Section 406 IPC. It has
held as under:
"2........The offence of criminal breach is defined
in Section 405 and an essential ingredient ... Section 405 defines `criminal breach of trust'.
The essential ingredients of Section 405 are :
"(1) The accused must be entrusted with property
establish the charge of
Section 406 IPC, the prosecution was under the obligation to establish the
ingredients of section 405 IPC thus, it was required ... established. In view of the fact that none of the ingredients of section 405
IPC is established, I am of the view that no case
establish the charge of Section 406
IPC, the prosecution was under the obligation to establish the ingredients of
section 405 IPC thus, it was required ... conducted.
In view of the fact that none of the ingredients of section 405 IPC is established
and therefore no case
establish the charge of Section 406 IPC, the prosecution was under
the obligation to establish the ingredients of section 405 IPC thus, it was
required ... home. In view of the fact that none of the
ingredients of section 405 IPC is established, the court is of the view that
text of the section
405 of IPC. The gist of the section says that to constitute
the offence under Sec. 405 of IPC there must ... trust is
charged. In the present case, all the ingredients of Section
405 are directly and prima facie involved. The petitioner
in a good faith
satisfy the ingredients of
Section 405 IPC In the absence of any such specific
averment demonstrating the role of the accused in the
commission ... criminal breach of trust
in terms of Section 405 of the IPC 14. For Section 405
of the IPC to he attracted, the following have
establish the charge of Section 406 IPC, the prosecution was under the
obligation to establish the ingredients of section 405 IPC thus, it was required ... established. In view of the fact that none of the
ingredients of section 405 IPC is established, the court is of the view that
