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

sketch of the Supreme Court of India
Case
RAMKRUSHNA PRAHLLAD DONGARDIVE v. THE STATE OF MAHARASHTRA (Supreme Court of India, 08-10-2026)
Law
Code of Criminal Procedure, Indian Evidence Act, Indian Penal Code.

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.