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Sharif Ahmed & Anr. vs. State of Uttar Pradesh & Anr. (SC)

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Penal Code, 1860–Sec. 406–Constitution of offence–Scope for– An offence u/s. 406 requires entrustment, which carries the implication that a person handing over any property or on whose behalf the property is handed over, continues to be the owner of the said property–Further, the person handing over the property must have confidence in the person taking the property to create a fiduciary relationship between them–A normal transaction of sale or exchange of money/consideration does not amount to entrustment.