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.