Case Summary: Anwar Chandsab Nandikar Vs. State of Karnataka

Author: Neha Singh

Citation

2003 (10) SCC 521

Bench

Justice Doraiswamy Raju, Justice Arijit Pasayat

INTRODUCTION

In this case the court explained the position of breach of trust by a public servant. Disposing of the property in violation of any legal contract accounts to breach of trust and is ingredient to the criminal breach of trust. The court described it as a “sewak” alleged to have misappropriated funds of temple.

FACTS

The appellant who was a clerk in the court of Judicial Magistrate, first class, chikodi, allegedly misappropriated properties belonging to the court and sold them to other 4 person. The trial acquitted the appellant and other 4 co-accused on basis of unsatisfactory evidence regarding entrustment and misappropriation. This is an appeal to the impugned order of no interference and acquittal of other 4 accused.

ISSUES

1. Whether the appellant can be convicted under section 409, 405 and 411 of IPC?

JUDGEMENT

The appeal was dismissed and the order of acquittal was set aside as the accusations were not established.