Criminal Breach of Trust -- Stridhan Entrusted to Sister-in-Law, Not Accused -- General allegation of non-return cannot sustain prosecution against family member absent specific entrustment
(i) Indian Penal Code, 1860, S.406 -- Criminal Breach of Trust -- Requirement of Entrustment to Particular Accused -- A general allegation of non-return of stridhan cannot sustain a prosecution under Section 406 IPC against every member of the matrimonial family. The complaint and charge-sheet must disclose entrustment of property or dominion over it attributable to the particular accused, followed by subsequent dishonest dealing with that property by him. (ii) Indian Penal Code, 1860, S.406, 405 -- Criminal Breach of Trust -- Gifted Items Not Entrustment; No Vicarious Custody -- Allegations that articles were purchased for, or gifted to, an accused do not by themselves satisfy the requirement of entrustment under Section 405 IPC unless it is alleged that the complainant retained ownership and placed those items with him in trust. Custody of stridhan by another family member cannot be imputed to the accused merely on account of the matrimonial relationship, in the absence of an allegation of common intention regarding its retention or misappropriation (iii) Criminal Procedure Code, 1973, S.482 -- Quashing of Charge-Sheet -- Partial and Offence-Specific Quashing Permissible -- A charge-sheet can be quashed in part, and the enquiry for quashing under Section 482 CrPC is offence-specific, permitting continuation of prosecution for one offence while quashing another arising from the same FIR. (iv) Criminal Procedure Code, 1973, Ss.468, 470, 473 -- Limitation -- Exclusions Require Determination by Trial Court -- A bare calendar calculation of the limitation period under Section 468 CrPC is not conclusive where statutory exclusions and extensions under Sections 470 and 473 CrPC, such as exclusion of the period during which the accused remained absent from India, require factual determination. Such questions cannot be resolved at the quashing stage in the absence of complete relevant records and must be left to the trial court.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
