JIWAN DASS versus STATE OF HARYANA

JIWAN DASS versus STATE OF HARYANA

Entrustment or dominion over property must be strictly proved for conviction under Section 409 IPC. Oral and documentary evidence established that Mittar Pal Yadav took delivery and had dominion over the diesel oil. There was no evidence of entrustment or dominion to Jiwan Dass. Undertaking by Jiwan Dass does not amount to admission of guilt.

Parties
Appellant: Jiwan Dass; Appellant: Mittar Pal Yadav; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
26 February 1999
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Jiwan Dass acquitted; Mittar Pal Yadav convicted.
Legal Topics
Criminal Breach of Trust, Public Servant Liability, Entrustment, Evidence of Embezzlement
Criminal Law Criminal Breach of Trust Public Servant Liability Entrustment Evidence of Embezzlement

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Parties

Jiwan Dass

Appellant

Mittar Pal Yadav

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether there was entrustment of property or dominion over it to the accused under Section 409 IPC
  2. 2 Whether ingredients of criminal breach of trust by a public servant have been strictly proved
  3. 3 Whether partial admission or undertaking amounts to confession of guilt

Ratio Decidendi

Entrustment or dominion over property must be strictly proved for conviction under Section 409 IPC. Oral and documentary evidence established that Mittar Pal Yadav took delivery and had dominion over the diesel oil. There was no evidence of entrustment or dominion to Jiwan Dass. Undertaking by Jiwan Dass does not amount to admission of guilt.

Court Disposition

Jiwan Dass acquitted; Mittar Pal Yadav convicted.

Orders

  • Criminal Appeal No. 990/95 allowed; conviction and sentence against Jiwan Dass set aside; bail bonds discharged.
  • Criminal Appeal No. 991/95 dismissed; conviction and sentence against Mittar Pal Yadav upheld; bail bonds cancelled; Mittar Pal Yadav must surrender to serve balance sentence.