Question

Factual Situation : A takes umbrella belonging to Zout of Z's possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella.

DECISION:
(a) A is guilty of criminal misappropriation
(b) A is guilty of criminal breach of trust
(c) A is guilty of theft
(d) Both A and his wife are guilty of criminal misappropriation. Answer??​

Answer 1

Answer:

The velocity of an object is the rate of change of its position with respect to a frame of reference, and is a function of time. Velocity is equivalent to a specification of an object's speed and direction of motion

Answer 2

Answer:

A is guilty of criminal misappropriation

According to the principle given, there are 3 main essentials required for committing theft. These essentials or ingredients are-

That the taking away of the property must be done dishonestly.-Dishonesty, as defined in section 24of IPC, consists of two main ingredients it says that an act is done which cause either ‘wrongful gain' or ‘wrongful loss' is said to be done dishonestly. Dishonesty must have the element of mens rea to cause loss or gain to oneself.

That there should be an intention of taking property from the possession of another. Such intention must be to cause wrongful gain to oneself or wrongful loss to another.

That such taking away of property must be done without the permission of the owner- i.e. without consent

Whereas Misappropriation is when a property of a person is converted or misappropriated by another person for his own use.

Since in this facts A moved the property out of Z's possession in good faith and not dishonestly, therefore, he hasn't committed theft. But after he has the knowledge that the property doesn't belong to him but to Z, A dishonestly misappropriates the Umbrella for his own use. Therefore, he has committed the crime of criminal misappropriation.