Harmanpreet Singh Ahluwalia Vs. State of Punjab
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Head Note
Indian Penal Code,1860 - Section 379 , Section 406
Certain articles were in joint possession of husband and wife - Husband leaving the house with some articles - No offence of theft made out.
Indian Penal Code,1860 - Section 406 , Section 405
Criminal breach of trust - Ingredients of offence are as under - 1. Entrusting any person with property or with any dominion over property. 2. That person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person so to do in violation - (i) of any direction of law prescribing the mode in which such trust is to be discharged, or (ii) of any legal contract made touching the discharge of such trust."
Indian Penal Code,1860 - Section 415 , Section 420
Mens rea - Cheating - In absence of a culpable intention at the time of making initial promise being absent, no offence under Section 420 of the Indian Penal Code can be said to have been made out - Further held - A guilty intention is an essential ingredient of the offence of cheating. In other words "mens rea" on the part of the accused must be established before he can be convicted of an offence of cheating.
The Code of Criminal Procedure, 1973 - Section 240 , Section 227 , Section 228 , Section 482 , Indian Penal Code,1860 - Section 420 , Section 406
FIR under Section 420, 406 IPC - Police conducted inquiry and recommendation cancellation of FIR - Recommendation not accepted, but charge sheet submitted - No evidence to show on what material charge sheet was submitted - FIR quashed.
The Code of Criminal Procedure, 1973 - Section 482 , Section 178 , Indian Penal Code,1860 - Section 420 , Section 406
Territorial jurisdiction - Parties married at Jalandhar thereafter living in Canada - Demand of dowry made in Canada - FIR lodged at Jalandhar - FIR quashed, inter alia, on the ground that larger part of offence was committed in Canada.
The Dowry Prohibition Act,1961 - Section 3 , Section 4 , Indian Penal Code,1860 - Section 406
Dowry articles given to bride at the time of marriage - It does not amount to entrustment thereof to husband on behalf of bride.
Topic(s)-Territorial Jurisdiction , Criminal Breach of Trust
Important Decision(s)-
- Certain articles were in joint possession of husband and wife - Husband leaving the house with some articles - No offence of theft made out.
- In absence of a culpable intention at the time of making initial promise being absent, no offence under Section 420 of the Indian Penal Code.