Reversal of Acquittal Under Section 409 IPC: Burden of Proof and Appellate Sentencing Duties Explained

Highlights of the Judgment:
- Examination of the essential ingredients constituting criminal breach of trust under Section 409 of the Indian Penal Code.
- Application of Section 114(g) of the Indian Evidence Act regarding adverse inferences for withholding key departmental documents.
- Evaluation of procedural lapses during search and seizure under Section 100 of the Code of Criminal Procedure.
- Clarification on the mandatory duty of an appellate court to hear the accused on sentence when reversing an acquittal under Section 386(a).
- Reiteration of cardinal principles governing the burden of proof and presumption of innocence in criminal trials.