Factual Situation: a Gives His Woolen Coat to a Dry Cleaner Along with His Wife'S Sarees for the Purpose of Dry Cleaning. - Legal Reasoning

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MCQ

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: Theft is the dishonest moving of a property with the intension of taking it, out from the person's possession without his consent.

Factual Situation: A gives his woolen coat to a dry cleaner along with his wife's sarees for the purpose of dry cleaning. He is told to collect the clothes after 2 days. When he comes after 2 days, he finds that he does not have enough money to pay the dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat near his goods, so that he can quietly take it without the knowledge of the dry cleaner. Decision.

Options

  • A is guilty of theft

  • A is not guilty 'of theft

  • A is not guilty of theft but has to pay compensation to the dry cleaner

  • None of the above

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Solution

A is guilty of theft

Explanation:

"A is guilty of theft" is correct. From the facts of the given situation, one can easily comprehend that intention of 'A' was to fraudulently and without the knowledge of dry cleaner take possession of coats, without paying rightful payment of the dry cleaning. This will amount to theft in the eyes of law thus 'A' is guilty of theft.  
"A is not guilty 'of theft" is incorrect because of the above-given explanation 
"A is not guilty of theft but has to pay compensation to the dry cleaner" is incorrect.' A' will be guilty of theft as dry cleaner was the rightful possessor of the coats and 'A'  without dry-cleaners knowledge took them out from his possession. 'A' can be the rightful possessor of coats only after paying the dry cleaner his rightful payment and taking back his goods with the consent and knowledge of dry cleaner. So 'A' will be guilty of theft as well as he will be liable to pay the bill of the dry cleaner.
"None of the above" is not applicable.
 

Concept: Criminal Law
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