Supreme Court of India · 1964-12-09
MOHD. SULAIMAN vs MOHD. AYUB & ANR.
- Citation / case number
- SC 1962/256
- Court
- Supreme Court of India
- Petitioner
- MOHD. SULAIMAN
- Respondent
- MOHD. AYUB & ANR.
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the appellant's claim of ownership over an electric motor, which he had hired, did not constitute a breach of trust under Section 406 IPC. The Court clarified that for a conviction under Section 405 IPC, there must be evidence of misappropriation or conversion of property, which was absent in this case as the appellant used the motor as per the hiring agreement. Consequently, the appeal was allowed, overturning the High Court's decision that had found the appellant guilty of criminal breach of trust.