1948 (2) TMI 15

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....ccused should not be modified on the ground that the evidence discloses an offence under s, 403 and not under Section 406, Penal Code. 2. The facts in brief are that the complainant is a goldsmith and the accused was his intimate friend. On 15th Baisakh 1352 B. s. (28th April 1945} the accused went to the complainant and told him that the date of the marriage ceremony of his youngest brother, B....

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....ew of the nature of the ground on which the rule was issued the facts are no longer open to question. The learned Advocate for the-petitioner has endeavoured to convince us that the offence disclosed is one under Section 403, namely, an offence of criminal misappropriation. The learned Advocate has placed before us one reported decision, namely, Emperor v. Qirji, 6 Bom. h, B. 1093 : (l cr. l. J. 1....

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....answer is clear. The illustrations to Section 403, which are rather statements of principle than mere illustrations, clearly show that the essence of criminal misappropriation of property is that the property comes into the possession of the accused in some neutral manner, whereas the illustrations to Section 405 show equally clearly that the property comes into the possession of the accused eithe....