Section 405/406, Indian Penal Code I

Needless to say that to constitute an offence punishable under Section 406, IPC the essential ingredient is the ‘entrustment’ of the property. It is only after entrustment is shown, it can be said that there was criminal breach of trust. In Ram Narayan Popli, (2003) 3 SCC 641 this Court, per Majority, has explained ‘entrustment’ in Paragraph 363.”

Hon’ble Justice P.C. Pant, Robert D’Souza v. Stephen Gomes, [Criminal Appeal No.953 of 2015].