The Kerala High Court has reiterated that there ought to be an express or implied trust of property or entrustment for any specific purpose in order to attract the liability for criminal breach of trust as provided under Section 406 IPC.

Justice P. Somarajan explained that the mere existence of a commercial transaction and deposit of amount with any person or institution would not attract criminal breach of trust as defined under Section 405 IPC

"A deposit of amount with a person, if it is intended for keeping the same without the liability of interest or any premium payable on that account would attract the criminal liability under Section 406 IPC, if it was dishonestly misappropriated, converted or dispossessed in violation of any direction prescribing the mode of its user or any legal contract. On the contrary, when the deposit is for the purpose of incurring interest, failure to return the amount as agreed would not canvass the criminal liability under Section 406 IPC, unless it constitutes entrustment of the said amount or any dominion over the property for any specific purpose either express or implied or to utilise the periodical interest for any such specific purpose, either express or implied. In short, a mere deposit of amount with any banker, financial institution or any person, if it is for getting interest, unless satisfies the abovesaid cardinal ingredients, cannot be brought under the purview of criminal breach of trust as defined under Section 405 IPC and no criminal liability can be fastened for the offence punishable under Section 406 IPC," the Bench observed

The prosecution case is that the revision petitioner, who is the 1st accused person in the case, along with other accused were conducting a partnership business, namely M/S Rajappan Achary, and accepted fixed deposit from various persons. It is alleged that the accused persons thereafter misappropriated the amount for their own use. 

The complainant, who was one of the victims of such alleged misappropriation, claimed that although he was paid a certain amount as interest, the principal amount and the interest accrued thereafter had not been paid as agreed.

The courts below held the revision petitioner guilty of the offence under Section 406 IPC. 

In the present revision petitioner, the Court was thus faced with the question as to whether criminal liability could be extended under Section 406 IPC when there is neither express nor implied trust and whether both the courts below were justified in convicting the accused for the said offence without satisfying the existence of either express or implied trust

Roelie Post

Attachments21:20 (0 minutes ago)

to Euro-Ombudsman, GOMES

Dear Mrs. O'Reilly,

On 27 October 2017 I informed you that I disagree with the preliminary conclusion of the Ombudsman's inspection meetings.

A former deputy head teacher of a primary school has been sentenced to 12 years in prison for paying and instructing teenagers in India to abuse younger children.

Matthew Smith, 35, from East Dulwich, was arrested by the National Crime Agency in November 2022, after investigators identified that he was sharing abuse material on the dark web.

Smith was online at the time of his arrest, speaking to a teenage boy living in India and asking him to send sexual images of a younger child, in return for money.

He also had dark web sites and forums open on his computer which were dedicated to child sexual abuse.

NCA investigators interrogated chat logs and financial transactions and were able to establish that Smith had paid that same teenager, and another also based in India, a total of £65,398 to abuse children over a five-year period.

Genealogy site Scotland’s People made available records of adoptions dating back 100 years, raising fears for breaches of privacy

A genealogy website operated by the Scottish government has disclosed the names of thousands of people adopted as children.

The Scotland’s People site made available the records of adoptions dating back more than 100 years, records that included the adopted child’s first name and new surname. While the Information Commissioner’s Office has not received a formal breach report, its officials were contacted by National Records of Scotland (NRS), an official arm of the Scottish government that runs the website.

The mother of an adopted child had stumbled upon the Scotland’s People records after finding her child’s full details on the site, BBC Scotland News reported. “The whole adoption register was there online for everybody to see,” she said. “I was horrified.”

The TV2 broadcasts 'The secret in the shadow archive' which were broadcast on TV2 on 2 and 9 August unfortunately support our knowledge of the very unacceptable conditions in adoptions from South Korea, which the Danish Korean Rights Group already documented last year in their investigations of several hundred adoptions. This concerns, among other things, about:

• Exchange and falsification of adoptee's identity
• Systematic lying in South Korea about the background of many adoptees, as they have been lied to as orphans and provided with suspiciously similar background stories about whereabouts etc.
• The Korean adoption agencies' refusal to hand over the adoptees' personal documents/information to them.

As a result of DKRG's documentation, investigations into adoptions from South Korea to Denmark in the 1970s and 80s have been initiated both in South Korea and in Denmark.

Apparently the "business model" itself was invented in South Korea and very conveniently adapted to the country's laws that only orphans could be adopted out, which explains the false backstories that have been attached to the adoptees.

According to the broadcasts, however, the Danish adoption mediation organizations were not just naive recipients of children, but actually also active players in the process, as they - at least as described in the broadcasts - with so-called "donations" pushed for more "deliveries" of children. It goes without saying that if this is true, then the former mediating organizations, now DIA, have a very big problem of explanation, but so do the Danish supervisory authorities in truth!

Andhra Pradesh’s childcare institutions, meant to be sanctuaries for vulnerable minors, are grappling with an unsettling reality. The Hindu finds that recent incidents expose the compromised safety of children post-rescue, underscored by abuse, negligence, and the leaking of sensitive data 

Two years ago, Rani (name changed to protect identity), now 15, lost her mother to an illness. Left in the care of her father, a private company employee, Rani and her younger brother found themselves neglected and unsupported. In September this year, family members sought to marry off the class 9 student. However, timely intervention by an NGO and the police in Krishna district of Andhra Pradesh thwarted the child marriage bid. Following the rescue, Rani was shifted to a care home in Vijayawada, through the Child Welfare Committee (CWC) in the district. Once again, she finds herself in a distressing situation. “The care home staff collected personal information about me and later leaked it,” she says. This breach of trust ironically came to light on the International Day of the Girl Child on October 11. 

Blog written by Team Adoption of SAPPersonal Injury Lawyers

Personal injury lawyers who will go to court for you if necessary. Largest personal injury law firm in the Netherlands. Click here for free advice.

, consisting of: Saskia de Groot, Mark de Hek and Sharon Soeltan
 

Since the 1970s, more than forty thousand children in the Netherlands have been adopted from abroad. Around the same time, the first reports of adoption abuse appeared in the media. About the forgery of documents, the exploitation of poverty among birth mothers and the relinquishment of children for payment or under duress. However distressing the signals may be, they do not lead to critical reflection in the public and political debate, let alone a reconsideration of the system of intercountry adoption.

The Bombay High Court made the remark while granting bail to a person accused of raping a minor girl and impregnating her.

The Bombay High Court on Thursday said conducting a DNA test on the child of a rape victim after adoption would not be in best interest of the kid, PTI reported. The Bombay HC, while granting bail to a person accused of raping a minor girl and impregnating her, said, "It is pertinent to note that in the factual situation since the child is given in adoption, the DNA test of the said child may not be in the interest of the child and future of the child."

The 17-year-old rape victim gave birth to a child and later put up the baby for adoption. A single bench of Justice GA Sanap sought to  know from the police if any DNA test had been conducted on the child.

The police informed the court that the child was put up for adoption right after birth. Police also said the institution concerned had refused to disclose the identity of the adoptive parents. The court observed that the institution's stand was reasonable.

In his bail petition, the man claimed that it was a consensual relationship and the victim, though minor, had an understanding of the same. However, the case lodged with the police said the accused forcibly had intercourse with the victim and impregnated her. 

Recommendations of the working groupOrigin search for supportof adopted people

Danuț Sebastian Neculaescu, the son of the head of the pensioners' organization PSD Dâmbovița, Sache Neculaescu, a former communist activist involved in child trafficking in 1991, was appointed secretary of state at the Ministry of Foreign Affairs by Prime Minister Dacian Cioloș on Thursday.

Neculaescu junior was previously director general for strategic affairs within the Ministry of Foreign Affairs. And his wife works in the Ministry of Foreign Affairs.

Neculaescu senior signed several books with PSD Dâmbovița head, Adrian Țuțuianu.

Neculaescu senior appeared on the list of those who circulated works written in penitentiaries. He coordinated the work "Appeals in the civil process - Comparative view between the code of civil procedure from 1865 and the code of civil procedure entered into force on 15.02.2013". The author of the work published by the Bibliotheca Publishing House is none other than the former president of the Dâmbovița Court, Ion Miloșoiu, convicted of influence peddling.