found on record. In the absence of reliable
evidence of prosecutrix, trust worthy oral testimony
of PW2 and in the absence of support
REASONS
8. POINT NO.1: The complainant has relied upon his
own oral evidence, that of PW-2 and documentary evidence ... notice, postal receipts, UCP, postal
covers and copy of Trust deed to corroborate oral evidence of PW-1
and 2 which are marked
hopes and trusts that the respondent No.2 shall afford
opportunity to the petitioner and after considering the submissions so
advanced by oral
criminal breach
of trust on the strength of evidence of PW1 to PW5. Before going
into appreciate the oral and documentary evidence, it is just
court carefully perused the documents produced by
accused and complainant. As per oral evidence of accused, her son
has given statement before the police ... Therefore, she is not a credible witness and her evidence is not trust
worthy. Therefore, her version is not believable.
30. Accused in her evidence
name Kum.Upasana and
Kum.Chandramukhi. There is no dispute and oral evidence
of Pw.1 abundantly establish that she knows that accused ... accused No.1 and accused No.2 at Sharada Sthri Samaj
Charitable Trust situated at Chamarajpet. She further
argued that even though
chosen to produce any piece of evidence
before this court except his oral testimony, which has been
categorically denied by this Complainant. There is nothing ... terms of this
Complainant.
33. As I have discussed supra, except the oral testimony of
DW1, which has been categorically denied by the Complainant,
nothing
respect of these
lands respectively. Ex.P.10 is the declaration confirming oral gift
(HIBA) by its donor Sri.D.Abdul Khader in favour ... question for consideration is whether any offence of
criminal breach of trust has been constituted or disclosed. It can
be noticed that, CW1 had agreed
Complainant and that he used to do
designing work for the said trust till 1998-99.
13. It is the case of the Complainant that ... different occasions and promised to repay the same and
out of the trust reposed on him, he has lent the said
amount to the Accused
left the address. As it is already
stated, documentary evidence prevails over oral evidence. In every
case there is no need to examine Investigation Officer ... 5937/2008
In an offence of criminal breach of trust, prosecution is required to
prove the entrustment of the property. Prosecution is not required