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Head Note

Indian Penal Code,1860  - Section 409 , Section 405

Criminal breach of trust - In order to sustain conviction under Section 409 Indian Penal Code, 1860 two ingredients are to be proved: namely, (i) the accused, a public servant or a banker or agent was entrusted with the property of which he is duty bound to account for; and (ii) the accused has committed criminal breach of trust.

Indian Penal Code,1860  - Section 409

Accused who was fair price shop dealer entrusted with task of distribution of rice at free of cost under "Food For Work Scheme" (FFWS) to the workers on production of coupons - Accused disposed of 67.65 quintals of rice in black market - Accused convicted and sentenced to 6 month R.I - Incident occurred 10 years back - Request of reduction in sentence rejected - Held - Section 409 enables the Court to award imprisonment for life or imprisonment up to ten years alongwith fine - Sentence of 6 month was not excessive - The Courts cannot take lenient view in awarding sentence on the ground of sympathy or delay, particularly, if it relates to distribution of essential commodities under any Scheme o the Government intended to benefit the public at large.

Topic(s)-Criminal Breach of Trust

Important Decision(s)- The Courts cannot take lenient view in awarding sentence on the ground of sympathy or delay, particularly, if it relates to distribution of essential commodities under any Scheme o the Government intended to benefit the public at large.