Penal Code, 1860

— Ss. 405 and 409 — Criminal breach of trust — Burden of proof — Initial burden on prosecution to prove entrustment of the property to accused — Actual manner of misappropriation of the property by accused need not be proved by it — Once the initial burden is discharged by prosecution, onus would lie on accused to prove how the property entrusted to him was dealt with by him — Amount deposited by PW with respondent Postmaster for purchase of NSCs but the same having not been purchased, complaint made by PW with postal authorities — Respondent having come to know about initiation of inquiry by postal authorities, deposited the full amount with interest in two instalments in post office — Held, trial court rightly convicted respondent under S. 409 — High Court in revision, misdirected itself in taking the view that prosecution failed to prove misappropriation of the amount by respondent — Contention that no question was put to respondent while examining him under S. 313 CrPC as to whether the amount was given to him for his personal use or it was converted by him for his personal use, held, misconceived since while examining under S. 313 CrPC trial court was only required to ask such question which had been brought on record against the accused, (2006) 5 SCC 381-A

Penal Code, 1860

— S. 409 — Sentence — Mitigating factors — CJM convicted respondent under S. 409 and sentenced him to undergo simple imprisonment for 6 months and imposed fine of Rs 1000 — Sessions Court affirmed the conviction and sentence — In revision, High Court acquitted the respondent — Order of acquittal set aside and conviction under S. 409 affirmed by Supreme Court in appeal — But having regard to facts that the offence had been committed 15 years back, respondent had deposited the entire amount (Rs 8000) before lodging of FIR, respondent might have been in custody for some time and respondent now aged about 60 years, held, interest of justice would be subserved if any substantial punishment is not awarded — Accordingly, a further fine of Rs 4000 imposed, apart from Rs 1000 imposed by trial court — In default of payment of the said amount respondent shall undergo simple imprisonment for three months, (2006) 5 SCC 381-B