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december 2006

Supreme Court of India · 2006-12-04

MUSTAFIKHAN vs STATE OF MAHARASHTRA

Citation / case number
SC 2006/13331
Court
Supreme Court of India
Petitioner
MUSTAFIKHAN
Respondent
STATE OF MAHARASHTRA
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 409 IPC for criminal breach of trust, while setting aside convictions under Sections 468 and 477-A IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The Court emphasized that to establish an offence under Section 409 IPC, it must be proven that the accused was entrusted with property and misappropriated it, which was sufficiently demonstrated in this case. The High Court's decision to maintain the conviction under Section 409 IPC and impose a custodial sentence of one year and a fine of Rs.1,000 was affirmed.

MUSTAFIKHAN vs STATE OF MAHARASHTRA · Niyam