If someone is charged under Section 406 407 & 409 and in the charge sheet it is only written as he is the son of vehicle owner I want to know how is the section related to the statement and one more thing he has already applied for discharge from this case but the advocate says it is still in process this is going since six months. Please give your view and suggestion?
The provisions of Sections 406, 407 and 409 Indian Penal Code relate to the offence of a carrier / vehicle or an agent committing a Criminal Breach of Trust. In the event of any property having been entrusted to a carrier / vehicle or an agent and the same having been misappropriated or converted to its own use, the person concerned is liable for punishment under the said provisions. If there is no allegation in the FIR or the Charge sheet against your friend of having been entrusted with any property and if he is being accused only on account of his being the son of the Vehicle owner, your friend is liable to be discharged from the case. Keeping in view the delays in the Indian Courts, it take sometime before such a decision can be taken and as such there is no need to be alarmed in the matter.