Law:

Section:

(a) Penal Code (XLV of 1860), S. 409-Criminal breach of trust-Accused, a Wasil Baqi Navis, charged for having received a large amount of land revenue from Lambardars and not having deposited same into treasury-Contention that Lambardars being defaulters were accomplices and as such their testimony had to be ruled out-Lambardars, held, not guilty of offences under S. 409, P. P. C. but only liable to action for recovery of land revenue, hence not accomplices---A large number of Lambardars, held, could not be imagined to come forward to depose falsely against accused--Oral testimony of Lambardars, however, also corroborated by failure of accused to bring names of defaulting Lambardars to Tahsildar's notice for recovery, entries in khatonies made by accused himself showing amounts in question as cleared by Lambardars, and by practice having grown over years for Wasil Baqi Navis to receive direct payment from Lambardars-Corroborative circum­stances, held, lent certainty and credence to oral evidence and charge of criminal breach of trust proved. (b) Penal Code (XLV of 1860), S. 409-Criminal breach of trust by public servant-Ingredients of offence-Words "in his capacity of public servant"-No line can be drawn between entrust­ment taking place in accordance with prescribed duties and that made according to accepted practice relating to post or appointment held by public servant-Entrustment takes place in both cases "in his capacity of public servant"-Written procedure not contemplating handing over of cash to Wasil Baqi Navis but official receiving such sums in cash due to such practice having developed over years, entrustment by Lambardars, held, in circumstances, was clearly connected with official duties of accused (a Wasil Baqi Navis). It was contended that it was not one of the prescribed official duties of the petitioner to receive the amounts in cash direct from the Lambardar but it has been found, as a fact, that a practice had grown for the Lambardars to pay the amounts in cash to the Wasil Baqi Navis instead of taking the trouble of going through the formalities themselves. The High Court observed that if the petitioner had not held the office of Wasil Baqi…

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