TMI Blog2007 (12) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... when this offer was made to her by the Investigating Officer. Therefore, in our opinion, the very pre- requisite of entrustment of the property and its misappropriation by the appellants are lacking in the instant case. We have no hesitation in holding that the learned Additional Sessions Judge and the High Court erred in law in coming to the conclusion that a case for framing of charge under Section 406 I.P.C. was made out. As regards the applicability of Section 498A I.P.C., We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of ₹ 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, was an after thought and not bona fide. Having carefully glanced through the complaint, the F.I.R. and the charge-sheet, we find that charge under Section 498A I.P.C. is not brought home insofar as appellant Nos. 1 and 2 are concerned. Consequently, we allow the appeal partly; quash the charge framed against all the appellants under Section 406 I.P.C. quash the charge framed against appellant Nos. 1 and 2 under Section 498A I.P.C. and dismiss the appeal of appellant No. 3 against framing of charge under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come to Bijnore after 40 days. He gave me no money for expenditure. When I left Bijnore he gave me only ₹ 1/- only. I did not receive any phone from him till 7th November, 1994. Then I phoned him and told him that he was required to go to Cell on 28.10.1994. He told me that he has no time to go to Cell and to bring me to Bijnore. You can come to Bijnore if you apologize to my father. Keep him happy, obey my sister and talk to your father to give you ₹ 50,000/- and VCR to bring with you. Then I can come to bring you. If you come here alone with the child, we will give you good beatings. My husband came to Rajouri Garden every Saturday Sunday in September October and on Dushera Diwali. This can be verified from neighbour Hira Lal and Smt. Nirmala Sharma, President Mahilla Jagriti Samiti. Almost 2 weeks ago, Hira Lal informed me that my husband took away all my belongings with him at 4 A.M. In view of above facts, I think these three persons are conspiring. Therefore, I request that my case may be re-opened and my father- in-law, husband and sister-in-law may be punished. (emphasis supplied) 5. As noted above, on the basis of the said report, an F.I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nant on the CAW Cell, which was the foundation for the registration of F.I.R. No. 155 of 1995, did not contain any allegation of demand of dowry or harassment by appellants No. 1 and 2. It was submitted that even if the allegations in the statement of the complainant dated 4.4.1995 are taken at their face value, yet the appellants cannot be connected with offences under Sections 406 or 498A I.P.C., particularly when admittedly after 3.7.1994, when she joined her husband at Bijnore, she had never lived with appellants No. 1 and 2. It is asserted that the said statement was an after thought, made after almost 8 months of the alleged occurrence. 10. Learned counsel appearing on behalf of the complainant and the State supported the view taken by the High Court. 11. It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idelines to be kept in view while deciding whether or not a charge against the accused is to be framed, we may advert to the facts of the present case to decide whether on the basis of the material placed before the trial court, it can reasonably be held that a case for framing charges against the appellants under Sections 498A and 406 I.P.C. exists. However, before undertaking this exercise it would be apposite to briefly note the essential ingredients of Sections 406 and 498A I.P.C. 16. According to Section 405 I.P.C., the offence of criminal breach of trust is committed when a person who is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of an obligation in relation to the property over which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned Additional Sessions Judge and the High Court erred in law in coming to the conclusion that a case for framing of charge under Section 406 I.P.C. was made out. 19. As regards the applicability of Section 498A I.P.C., in the complaint dated 8.11.1994 there is not even a whisper of a wilful conduct of appellants No. 1 and 2 of harassment of the complainant at their hands with a view to coercing her to meet any unlawful demand by them so as to attract the provisions of Section 498A read with Explanation thereto. The complaint refers to the talk the complainant purports to have had with her husband, appellant No. 3, who is alleged to have told her to come to Bijnore if she apologizes to his father; keeps him happy; obeys his sister and talks to her father (complainant s) to give her ₹ 50,000/- and V.C.R. and brings these articles to Bijnore. We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of ₹ 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, dated 4.4.1995, was an after thought and not bona fide. Section 498A I.P.C. was introduced with the avowed object to combat the menace ..... X X X X Extracts X X X X X X X X Extracts X X X X
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