Supreme Court of India · 2003-09-02
Kailash Kumar Sanwatia vs The State Of Bihar And Anr
- Citation / case number
- AIR 2003 SUPREME COURT 3714
- Court
- Supreme Court of India
- Petitioner
- Kailash Kumar Sanwatia
- Respondent
- The State Of Bihar And Anr
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court examined the appeal concerning the conviction of Gautam Bose and Ganaori Sao under Section 409 read with Section 34 IPC for the alleged misappropriation of funds. The Court upheld the High Court's ruling that the prosecution failed to establish beyond reasonable doubt the essential element of entrustment necessary for a conviction under Section 409 IPC. The Court emphasized the need for credible evidence to prove that the accused were entrusted with the money, ultimately affirming the High Court's decision to acquit the accused due to insufficient evidence.