Husband Pledging Wife's Gold Without Her Consent Is Criminal Breach Of Trust U/S 406 Of IPC: Kerala High Court
The Kerala High Court has refused to intervene in the conviction of a husband who was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent. Single bench of Justice A. Badharudeen held that all the elements of the offence are made out. It observed,"In the instant case the prosecution case is that the mother of...
The Kerala High Court has refused to intervene in the conviction of a husband who was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent.
Single bench of Justice A. Badharudeen held that all the elements of the offence are made out. It observed,
"In the instant case the prosecution case is that the mother of PW1 gifted 50 sovereigns of gold ornaments to PW1 and the same was entrusted by PW1 to the accused for keeping the same as a trustee in a bank locker. The accused instead of keeping the gold ornaments in a bank locker, dishonestly misappropriated and converted that property for his own use by pledging the same in Muthoot Fincorp and thereby violated the trust and thereby PW1 suffered loss out of the same. Thus, in the instant case, the ingredients to attract offence under Section 406 of IPC is fully made out. In such a case, there is no reason to disbelieve that the accused committed the offence punishable under Section 406 of IPC."
The prosecution case is that the mother of the wife of the accused, gifted her daughter 50 sovereigns of fold ornaments during her marriage. The wife entrusted this gold to her husband asking him to keep the same in a bank locker. The accused without his wife's knowledge, pledged the gold in a financial company.
The trial court convicted the accused and sentenced him to undergo simple imprisonment for 6 months. When the case came before the Sessions Court by way of appeal, the court in addition to the 6 months' simple imprisonment directed the accused to pay compensation of Rs. 5,00,000 which shall be paid to his wife.
The accused challenged this finding saying that the offence is not made out from the evidence.
The Court observed that the husband was entrusted with the gold which he dishonestly misappropriated and converted it to his own use, violating the trust of his wife and causing her loss. The Court held that the offence of criminal breach of trust is fully made out and there is no need to interfere with the decision of the trial court and appellate court.
Counsel for the Petitioner: Advocates P. K. Subash, Danic Antony
Counsel for the Respondent: Senior Public Prosecutor Adv. Renjit George
Case No: Crl. R. P. 1006 of 2023
Case Title: Surendra Kumar v State of Kerala
Citation: 2024 LiveLaw (Ker) 658
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