Breach of Trust

Delay or failure to return something does not establish mens rea unless such delay or failure is associated with the intent of the criminal to appropriate and embezzle the funds for his own interest, causing damages to the employer. In a breach of trust claim, if there is an existing account between the parties, the Court shall examine such account before delivering its verdict of condemnation or innocence for the lack of mens rea.

Appeal No. 62 of 2006, session held on 04.04.2006

Breach of trust- mens rea- is established when the person holding the funds in his trust disposes of the same in a way causing damages to the employer even if such disposition is by a way of the increase or decrease in the funds in his trust.

Appeal No. 314 of 2006, session held on 27.11.2006