'A' is a warehouse-keeper. 'Z' going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. Discuss, when o

A has committed criminal breach of trust. Four requirements are essential to be fulfilled under section 405 of Indian Penal Code, 1860, which are as under: The person handing over the property must have confidence in the person taking the property so as to create a fiduciary relationship between them or to put him in position of trustee. The accused must be in such a position where he could exercise his control over the property i.e. dominion over the property. The term property includes both movable as well as immovable property within its ambit. It has to be established that the accused has dishonestly put the property to his own use or to some unauthorized use. Dishonest intention to misappropriate is a crucial fact to be proved to bring home the charge of criminal breach of trust.