Ms. Rekha was working as 'Gram Sachiv' for ten gram panchayats. She was a trusted person of the local villagers and they respected her. Ms. Rekha, collected a sum of ₹ 5 Lakhs from fifty villagers in the gram panchayats

According to Section 409 of the Indian Penal Code, 1860, when a person in his capacity of a public servant, commits criminal breach of trust as specified under section 405 of the Indian Penal Code, 1860, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The facts mentioned are similar to Bachchu Singh v. State of Haryana case. The appellant was working as 'Gram Sachiv' for eight gram panchayats. He collected a sum of Rupees 648 from thirty villagers towards the house tax and executed receipts for the same. As he was a public servant, and in that capacity he had collected money as house tax but did not remit the same, he was charged under Section 409 of Indian Penal Code, 1860. It was held that the appellant dishonestly misappropriated or converted the said amount for his own use and his conviction under section 409 of Indian Penal Code, 1860 was upheld by the Supreme Court. Mrs. Rekha was working as a Gram Sachiv and collected money from the villagers. She misappropriated the funds for her personal benefits. In the background of the aforementioned case law, she can be charged under section 409 of Indian Penal Code, 1860 for breach of trust by public servant as she is a public servant.