THE STATE Vs. JAGE RAM

JUDGEMENT

(1.) THE decision of this case turns on the construction of the expression "entrusted" appearing in Section 405, Penal Code.

(2.) THE facts of the case are simple and not in dispute. On 21 -2 -1949 Jage Ram Respondent borrowed a cycle from Duni Chand complainant promising to return the same within a period of two or three days. He failed to fulfil his promise and the complainant accordingly reported the matter to the police. During the course of investigation, it transpired that shortly after borrowing the machine from the complainant the accused sold it to one Kashmiri Lal for a sum of Rs. 125/ -. The learned Magistrate came to the conclusion that on the facts found no case under Section 406, Penal Code, had been made out against the accused and directed that he be acquitted. The Provincial Govt. has come to this Court in appeal and the question before this Court is whether the Court below has come to a correct determination in point of law.

(3.) THE view taken by the learned Magistrate appears to me to be wholly misconceived. Section 405, Penal Code is in the following terms: