WEERASOORIYA, S. P. J.—Basnayake v. Inspector oj Police
2963Present: Weerasooriya, S.P.J.K.A. D. V. S. BASNAYAKE, Petitioner, and INSPECTOROF POLICE, P. I. B. (C), Respondent
8. C. 104163—Application for Revision in M. C. Colombo, 24753/ B
Criminal breach of trust—Requirement of proof oj entrustment—Penal Code, 88. 388,389.
In the absence of entrustment there can be no criminal breach of trustcommitted in respect of a sum of money received as security by an employerfrom an employee.
Application to revise an order of the Magistrate’s Court, Colombo.Neville Wijeratne, for the accused-petitioner.
N.B. D. 8. Wijesekera, Crown Counsel, for Attorney-General.
^September 13, 1963. Weerasoobiya, S.P.J.—
It is quite clear that there has been no entrustment of the sum ofR8. 2,000 paid to the accused by the virtual complainant Rodrigo. Inthe absence of entrustment there can be no criminal breach of trustcommitted in respect of that sum.
The accused was the Post-Mistress at a Sub-Post Office, where shehad employed Rodrigo as a “ substitute ”. In connection with bisemplovment Rodrigo paid the accused a sum of Rs. 2,000 as security.The conditions subject to which the security was paid are set out in thedocument P3 signed by the accused. Although these conditions are notexhaustive of the rights and liabilities of the parties, they provide forthe payment by the accused of interest on the money at 6 per cent,per annum and also for the refund of the full amount to Rodrigo on hisresigning from bis post and giving three months’ notice to the accused.
SANS ONI, J.—Ganekeratne v. Canekeratne
It would seem, therefore, that subject to these conditions the accusedwas free to utilise the money. The fact that she delayed to return themoney (which has since been paid by her in full to Rodrigo) did nothave the effect of converting what was a purely civil liability into oneof a criminal nature.
The order made under section 325 of the Criminal Procedure Codebinding over the accused to be of good behaviour is set aside and thfeaccused acquitted.
K. A. D. V. S. BASNAYAKE, Petitioner, and INSPECTOR OF POLICE , P. I. B. (C), R