Law: Penal Code (XLV of 1860)

Section: 409,467,468,471

Law: Prevention of Corruption Act, 1947

Section: 5

(a) Penal Code (XLV of 1860)--- ----Ss. 409, 467, 468 & 471---Prevention of Corruption Act (I of 1947), S. 5---Criminal breach of trust by public servant, forgery for valuable security, will, etc, forgery for purpose of cheating, using as genuine a forged document, criminal misconduct---Appreciation of evidence---Accused, a public servant, custodian of cheque books, was alleged to have connived with the co-accused (since convicted) who had put forged signatures on the stolen cheques and had withdrawn certain amount from Banks---Held; no evidence was produced by prosecution to establish any conspiracy or concert of minds of the accused and co-accused or pre-arranged plan between them to commit the offence; connection of accused with the forgery or co-accused; that the accused was entrusted with the cheque books and that the accused had misappropriated the amount withdrawn from the Banks---Offences under Ss. 409, 467, 468 & 471, P.P.C. and S. 5(2) of Prevention of Corruption Act, 1947, were not made out against the accused---Judgment of Trial Court to the extent of accused was set aside---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 409---Criminal breach of trust by public servant---Scope---Where a public servant is entrusted with a property and he commits criminal breach of trust with respect to the said property then he is liable to be punished under S. 409, P.P.C. (c) Penal Code (XLV of 1860)--- ----S. 405---Criminal breach of trust---Scope---Where any property is entrusted to a person and that person dishonestly misappropriates that property then he commits the offence of criminal breach of trust. (d) Penal Code (XLV of 1860)--- ----Ss. 464, 467 & 471---Making a false document, forgery for valuable security, will, using as genuine a forged document---Scope---Condition precedent for an offence under Ss. 467 & 471, P.P.C. is forgery, making a false document---Analysis of S. 464, P.P.C. shows that it divides false documents into three categories, that is, a person is said to have made a 'false document', if (i) he has made or executed a document claiming to be someone else or authorized by…

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