Principle: Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft. Facts: Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latter's drawing room. When Ramesh did not turn up, Suresh took out a pen from Ramesh's table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Suresh's house. Is Suresh liable for theft? (NLSIU-1994)

Suresh is not liable for theft but for Criminal Breach of Trust.

Suresh committed theft, because he took the pen without Ramesh's consent.

Suresh committed theft, because he failed to return the pen.

Suresh did not commit theft, because he did not have dishonest intention.

Principle: Whoever, intending to take dishonestly any property out of

1.	Principle: Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft. Facts: Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latter's drawing room. When Ramesh did not turn up, Suresh took out a pen from Ramesh's table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Suresh's house. Is Suresh liable for theft? (NLSIU-1994)
A.	Suresh committed theft, because he took the pen without Ramesh's consent.
B.	Suresh committed theft, because he failed to return the pen.
C.	Suresh did not commit theft, because he did not have dishonest intention.
D.	Suresh is not liable for theft but for Criminal Breach of Trust.
Answer» D. Suresh is not liable for theft but for Criminal Breach of Trust.

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