AIR 1974 SUPREME COURT 388 ::1975 AllCriC 9 ::1975 MadLJ(Cri) 46 ::1974 SCC(Cri) 120 ::1974 3 SCC 630 ::1975 (1) SCJ 155

Supreme Court Of India

Hon'ble Judge(s): S. N. Dwivedi, Y. V. Chandrachud , JJ

(A) Constitution of India , Art.134— Concurrent findings - Normally Supreme Court will be loath to interfere - But can it not interfere in circumstances which render it unsafe to accept prosecution case? - It can. Where there is absence of evidence on material and important aspects of the case and the charge cannot be held to have been brought home to the accused as the lower Courts appear not to have dealt with them, the Supreme Court will interfere.(Para 4 7) (B) Penal Code (45 of 1860) , S.408— Entrustment - Proof - Entries in books of account - Are more entries without any oral evidence as to the nature of business and the mode of keeping accounts, sufficient to prove entrustment ? - No. X-Ref.:- Evidence Act (1 of 1872) , S.34— In the absence of any oral evidence to show that the books of account were regularly kept in the course of business as required under S.34 Evidence Act, and/or any other oral evidence to prove the entrustment of the amount with the accused, the charge of breach of trust cannot be @page-SC389 said to have been established against him Judgment of Bombay High Court (Nagpur Bench) Reversed.(Para 5 7) ....