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1 - 10 of 12 (0.27 seconds)Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 464 in The Indian Penal Code, 1860 [Entire Act]
R. K. Dalmia vs Delhi Administration on 5 April, 1962
In the landmark case of R.K. Dalmia v. Delhi
Administration (1962), the Hon'ble Supreme Court emphasized that entrustment
occurs in the ordinary course of the accused's duty as a servant or agent and
dominion implies control akin to ownership for the offense to apply. The
prosecution bears the burden to prove these elements through cogent evidence,
as mere possession without entrustment does not suffice. A careful scrutiny of
the testimonies of material witnesses, PW2 and PW7 reveals that neither of them
deposed anything regarding entrustment of the alleged cash to the accused
persons in their examination-in-chief. PW1, in his cross-examination, admitted
that the entire cash-related record was maintained by subordinate staff of the
ATM Cell at Mahipalpur.