Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in, is said to commit theft. Whoever commits theft shall be punished with imprisonment which may extend to three years or with fine or both.

Factual Situation: Raju sees a cell phone belonging to Ram lying on the table in ram's house. Raju hides the cell phone in Ram's house in such a place where Ram could not find it ever, due to the fear of immediate search and detection. Raju did this with the intention of taking away the cell phone from the hidden place when Ram forgets about and then sell it away.
Question: Is Raju guilty of theft?

• A. No,because he did not take it dishonestly.
• B. No, because he merely played a prank with the friend.
• C. Yes, because Raju did not inform Ram about the place where he had hidden the cell phone.
• D. Yes, because Raju intended to take the immovable property from Ram's possession and with this intention, he moved the property.

Answer 1

The correct option is D Yes, because Raju intended to take the immovable property from Ram's possession and with this intention, he moved the property.

Yes, because Raju intended to take the immovable property from Ram's possession.

In the above mentioned case, Raju hides the mobile with the intention to take it afterwards. He has full intention to stole the mobile and then further sell it in future. He has committed theft, he is liable for the punishment.

Hence, D is the correct option.