(c) (“A”) residing in Yei is agent for (“Z”) residing at Rumbek. There is
an express or implied contract between (“A”) and (“Z”) that all sums
remitted by (“Z”) to (“A”) shall be invested by (“A”) according to
(“Z’s”) direction. (“Z”) remits a sum of money to (“A”) with direction
to (“A”) to invest the same in Government securities. (“A”)
dishonestly disobeys the direction and employs the money in his own
business. (“A”) has committed criminal breach of trust;
(d) but if (“A”) in the last illustration, not dishonestly but in good faith
believing that it will be more for (“Z’s”) advantage to hold bank
shares, disobeys (“Z’s”) direction and buys bank shares for (“Z”)
instead of buying government securities here, though (“Z”) should
suffer loss and should be entitled to bring a civil action against (“A”)
on account of that loss, yet (“A”) not having acted dishonestly has not
committed criminal breach of trust;
(e) (“A”) a revenue officer is entrusted with public money and is either
directed by law or bound by a contract express or implied with the
Government to pay into a certain treasury all the public money which
he holds. (“A”) dishonestly misappropriates the money. (“A”) has
committed criminal breach of trust;
(f) (“A”) a carrier is entrusted by (“Z”) with property to be carried by land
or by water. (“A”) dishonestly misappropriates the property, (“A”) has
committed criminal breach of trust.
Section 348 - “Criminal Breach of Trust”: Whoever commits criminal breach of trust
shall on conviction, be punished with imprisonment for a term not
exceeding five years or with fine or with both.
Section 349 - “Criminal Breach of Trust by Carrier etc”: Whoever, being entrusted
with property as a carrier, wharfing or warehouse-keeper, commits
criminal breach of trust in respect of such property, shall on conviction, be
punished with imprisonment for a term not exceeding seven years and
may also be liable to fine.
Section 350 - “Criminal Breach of Trust by Employee”: Whoever, being an
employee of another person and being in any manner entrusted in such
capacity with property or with any dominion over property, commits
criminal breach of trust in respect of that property, shall on conviction, be
punished with imprisonment for a term not exceeding ten years and may
also be liable to fine.
Section 351-“Criminal Breach of Trust by Public Servant or by Banker, Merchant
or Agent”: Whoever, being in any manner entrusted with property in his
capacity as a public servant, or banker, or factor, or broker, or agent
commits criminal breach of trust in respect of that property, shall on
conviction, be punished with imprisonment for a term not exceeding
fourteen years and may also be liable to fine.
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