Question

LEGAL PRINCIPLE: Whoever enters into or upon the property in the possession of another, with intent to commit an offence or to intimidate or annoy any person in possession of the property and remains there with intent thereby to intimidate or annoy another person or with intent to commit an offence is guilty of criminal trespass.
FACT: The accused entered at night into a house to carry on intimate relations with an unmarried major girl on her invitation and information that her family members are absent. However, he was caught by her uncle before he could get away. Is the accused guilty of criminal trespass?

• A. guilty of criminal trespass as he annoyed the uncle
• B. guilty because he entered the house to commit a crime against the girl
• C. guilty because no one should enter into the house of another at night
• D. not guilty of criminal trespass

Answer 1

The correct option is D not guilty of criminal trespass

The accused is not guilty of criminal Trespass because he entered the property to carry on intimate relations with an unmarried major girl which is not an offence. He did not had the intention to commit any offence or annoy to intimidate nay person.

Therefore, he is not guilty of criminal trespass.