KAILASH KUMAR SANWATIA vs STATE OF BIHAR

The Supreme Court upheld the decision of the Patna High Court which acquitted the accused under Section 409 IPC read with Section 34 IPC, stating that the prosecution failed to establish beyond reasonable doubt the entrustment of money to the accused. The Court emphasized the necessity of credible evidence to prove the elements of the offence, particularly the manner of entrustment and the circumstances of the money's disappearance. The Court concluded that the possibility of theft could not be ruled out, allowing the informant to pursue a civil suit for recovery of the amount.