Question

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 order to such taking, is said to commit theft.
FACTS: 'Z' going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.

• A. A has committed theft
• B. A has not committed theft
• C. A lawfully sold the plate to the goldsmith
• D. None of the above

Answer 1

Answer: (B)

A has not committed theft

A has not committed theft. Since, as per the legal Principle theft is committed when an immovable property is taken dishonestly from the possession of any person without his consent.

As per the facts, even though Z was the owner of the property but he had transferred the possession of the property to A and therefore the person whose consent to move the property was required is A himself. Since he had the possession of Z's property. Therefore, A has not committed theft.