TMI Blog1976 (11) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... to hand over charge of the post on account of his suspension, he failed to do so and hence under the orders of the Revenue Assistant, Gurgaon the lock of his room had to be broken open on 29th December, 1967 and the charge was taken by his successor Abdul Wahid and a list, Ex. PB was prepared setting out of the books, documents and papers which were found in the room and of which possession was taken by Abdul Wahid. Another list Ex. PF was also prepared at this time showing the books, documents and papers which according to the possession were missing from the room. This list Ex. PF mentioned inter alia one current receipt book one current roznamcha waqlati and current register of fee. The case of the prosecution was that the appellant com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al to the Sessions Judge, Gurgaon but the learned Sessions Judge also took the same view as the learned Magistrate and rejected the appeal. The appellant then preferred a revision application to the High Court but the revision application also met with the same fate. Hence the present appeal by the appellant with special leave obtained from this Court. 2. The only question which arises for consideration in this appeal is whether the appellant could be said to have committed criminal breach of trust in respect of the receipt-book. There can be no doubt and that it is amply proved by the oral evidence on record read with the list Ex. PA that the receipt book was entrusted to the appellant in his capacity as Patwari on 6th November, 1967 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k or converted it to his own use or dishonestly used or disposed of the receipt book. It is quite possible that the appellant might have lost or mislaid the receipt book and hence he might have been unable to return it to the superior authorities. What the section requires is something much more than mere failure or omission to return the receipt book. The prosecution has to go further and show that the appellant dishonestly misappropriated or converted the receipt book to his own use or dishonestly used or disposed of it. That, we are afraid, the prosecution has not been able to do in the present case. We are, therefore, of the view that the appellant was wrongly convicted under Section 409. 3. We accordingly allow the appeal, set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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