entrustment of property or dominion over property being lacking and non-existent, no offence under Section 406 , Indian Penal Code, can possibly be made ... would exclude entrustment of property which is a pre-requisite of the offence under Section 406 of the Indian Penal Code.
37. To deal with
hijacking of the
aircraft.
8. Thereafter, the investigation of this case was entrusted to Central
Bureau of Investigation on 11.01.2000, when ... investigations, the
report under Section 173 Criminal Procedure Code, 1973 (for short "the
Code") was filed on 21.06.2000. The learned trial Court
been defined under
section 405 of the IPC. According to which whoeverbeing in an
manner entrusted with property, or with any dominion over
property ... disputed but for invoking the provisions of section
406 of IPC entrustment was necessary to be provedwhich
completely lacks. Now coming to the question
return the same does not attract culpability in terms of
Section 406 IPC.
[19]. The deposition of PW-2 on the point of demand ... that in order to constitute offence in terms of
Section 406 IPC, entrustment of Ishtridhan and refusal on demand
are sine
failed to show that there was an entrustment of the
property, and if at all such entrustment was there, then also she has to show ... same for the petitioners' use.
Regarding Section 420 IPC, he argued that the essential elements of dishonest
inducement to deliver the property
petitioner that the ingredient of
Section 406 IPC with regard to entrustment is not fulfilled because there is
no evidence to show ... intention and entrustment under Section 406 IPC. However, in the facts and
circumstances of the present case at this stage, the learned counsel
breach of trust' as defined in Section 405 of
IPC, namely, (i) entrustment to any person with property or with
dominion over property ... criminal proceedings
initiated under Section 405 or 415 IPC or under both the provisions
of IPC have been assailed at pre or post
Section 405 of Indian
Penal Code. The ingredients of an offence of the criminal
breach of trust are :
"1. Entrusting any person with property ... dowry articles entrusted to 5 persons is not a specific
entrustment. In the present case, there is no allegation of
specific entrustment to the appellant
wide sense in Section 405 Indian Penal Code.
Such expression includes all cases in which goods are entrusted, that is,
voluntarily handed over ... violation of contract. The expression 'entrusted'
appearing in Section 405 Indian Penal Code is not necessarily a term of
law. It has wide
wide sense in Section 405 Indian Penal Code.
Such expression includes all cases in which goods are entrusted, that is,
voluntarily handed over ... violation of contract. The expression 'entrusted'
appearing in Section 405 Indian Penal Code is not necessarily a term of
law. It has wide
