Criminal breach of trust under Section 409 IPC requires proof of entrustment and dishonest misappropriation, not mere disappearance of property.

Section 409 IPC requires proof of entrustment and criminal breach of trust under Section 405, including dishonest misappropriation, conversion, use, or disposal of the entrusted property. Mere disappearance of money after it was brought to the bank was insufficient to establish the offence. The evidence did not show that the accused dishonestly dealt with the cash, and a loss caused by theft or another fortuitous circumstance would not satisfy the statutory ingredients without proof of dishonest conduct by the accused. On that basis, the conviction under Section 409 could not be sustained.

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Issues: Whether conviction under Section 409 of the Indian Penal Code, 1860 could be sustained without proof of entrustment, dishonest misappropriation, conversion to own use, or disposal of the entrusted property.

Analysis: For an offence under Section 409, the prosecution must establish entrustment and criminal breach of trust as defined in Section 405. Mere proof that money was brought to the bank and later went missing was insufficient. The evidence did not show that the accused had dishonestly misappropriated, converted, used, or disposed of the money. The Court held that if the cash disappeared because of an intervening theft or other fortuitous circumstance, the essential ingredients of criminal breach of trust would not be made out unless dishonest dealing with the property by the accused was proved.

Conclusion: The conviction under Section 409 of the Indian Penal Code, 1860 could not be sustained, and the appeal failed.

Final Conclusion: The prosecution did not prove the necessary ingredients of criminal breach of trust, so the conviction was unsustainable and no interference with the acquittal was warranted.

Ratio Decidendi: A conviction for criminal breach of trust under Section 409 of the Indian Penal Code, 1860 requires proof not only of entrustment but also of dishonest misappropriation, conversion, use, or disposal of the entrusted property by the ; mere disappearance of property is insufficient.

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