Question

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.|
FACTUAL SITUATION : Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful ivory handled combs. Mesmerized by their beauty and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. Is Raja liable ?
DECISION :

• A. Raja is liable for theft as he failed to return the property even when he knew it was someone else’s property.
• B. Raja is not liable as he has not taken it away from anyone else’s possession and there was no dishonest intention.
• C. Raja is liable as you don’t expect anything better from a gangster.
• D. Raja is not liable as he was confused as to whom he should be returning the property to.

Answer 1

Answer: (B)

Raja is not liable as he has not taken it away from anyone else’s possession and there was no dishonest intention.

Answer 2

The correct option is (B): Raja is not liable as he has not taken it away from anyone else’s possession and there was no dishonest intention.