[Criminal Misappropriation]
FACTS
A prize competition was organised by the appellants; the winners complained they had not been paid the prize money. Police charged him with not utilizing collection money to pay the winners. The charges of cheating and criminal misappropriation were on the appellant.
ISSUE
On the facts and circumstances of the case whether, misappropriation is clearly established in terms of section 403, I.P.C.?
LAWS INVOLVED
Sec 403 of the Indian Penal Code, 1860 or the Sec 314 of the Bhartiya Nyaya Sanhita, 2023.
JUDGEMENT
Supreme Court interpreted 'convert to his own use' and held that it implies that the accused must utilise the property as against the rights of the actual owner. The appellants were found not guilty of the offence since even though the promise was not fulfilled yet there was no provision showing that the collected money is needed to be reserved for payment. Further, there was no appropriation of property for their own use, and therefore, the essentials to constitute crime were not fulfilled.
Comments