Supreme Court of India · 2009-03-20
Shabbir Ahmed Sherkhan vs State Of Maharashtra
- Citation / case number
- AIRONLINE 2009 SC 124
- Court
- Supreme Court of India
- Petitioner
- Shabbir Ahmed Sherkhan
- Respondent
- State Of Maharashtra
- Author
- Arijit Pasayat
- Bench
- P. Sathasivam, Lokeshwar Singh Panta, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 409 IPC for criminal breach of trust, affirming that the appellant had taken Rs. 12,000/- for Traveling Allowance but failed to utilize it for the intended purpose and was absent without sanctioned leave. The Court found no merit in the argument of lack of mens rea, as the appellant had received the money for a specific duty and did not fulfill that obligation. The appeal was dismissed, confirming the lower courts' decisions.