JUDGMENT : TUDBALL, J. 1. The applicant has been convicted of criminal breach of trust under section 406 of the Penal Code, 1860 and sentenced to six months' rigorous imprisonment. It is urged on his behalf that the facts do not establish any offence. The facts briefly are, that a certain person obtained a decree against the applicant whose movable property was attached and for safe custody put into the hands of one Khemraj Khemraj died. The applicant took the property and appropriated it to his own use. As to the applicant's dishonest intention there can be no doubt, but there was no criminal breach of trust. The property was at no time entrusted to him. On the other hand the property was in the possession of the court and Khemraj for the time being was employed by the court to protect it. The applicant has clearly committed the offence of theft in that he has dishonestly taken the property out of the possession of the court without the court's consent. The fact that Khemraj died did not remove the property from, the court's possession. 2. I therefore set aside the conviction under section 406, convert it to one under section 379, Penal Code, 1860, and maintain the sentence. 3. In other respects the application is rejected.