Supreme Court of India · 1960-03-16
JAIKRISHNADAS MANOHARDASDESAI AND ANOTHER vs THE STATE OF BOMBAY
- Citation / case number
- SC 1957/60046
- Court
- Supreme Court of India
- Petitioner
- JAIKRISHNADAS MANOHARDASDESAI AND ANOTHER
- Respondent
- THE STATE OF BOMBAY
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that to establish a charge of criminal breach of trust under Section 409 IPC, the prosecution is not required to prove the exact method of misappropriation, but must demonstrate dishonest misappropriation. The Court clarified that failure to account for entrusted property, coupled with an untrue explanation, can lead to an inference of misappropriation. Additionally, the Court emphasized that Section 34 IPC requires a common intention among offenders, and physical presence at the crime scene is not a prerequisite for liability under this section. The appeal was dismissed, affirming the High Court's conviction of the appellants.