(e) (“Z”) going on a journey entrusts jewellery to (“A”) till (“Z”) shall
return, (“A”) carries the jewelley to the market and sells it. Here the
jewellery was not in (“Z’s”) possession. It could not therefore be
taken out of (“Z’s”) possession and (“A”) has not committed theft,
though he may have committed criminal breach of trust;
(f) (“A”) finds a ring belonging to (“Z”) on a table in the house which
(“Z”) occupies. Here the right is in (“Z’s”) possession and if (“A”)
dishonestly removes it (“A”) commits theft;
(g) (“A”) finds a ring lying on the high road not in the possession of any
person. (“A”) by taking it commits no theft, though he may commit
criminal misappropriation of property;
(h) (“A”) sees a ring belong to (“Z”) lying on a table in (“Z’s”) house.
Not venturing to misappropriate the ring immediately for fear of
search and detection (“A”) hides the ring in a place where it is highly
improbable that it will ever be found by (“Z”), with the intention of
taking the ring from the hiding place and selling it when the loss is
forgotten. Here (“A”) at the time of first moving the ring commits
theft.
(i) (“A”) delivers a jewel to (“Z”) a jeweler to be re-set. (“Z”) carries it
to his shop. (“A”), not owing to the jeweler any debit for which the
jeweler might lawfully detain the jewel as a security, enters the shop
openly, takes his jewel by force out of (“Z”s”) hand and carried it
away. Here (“A”), though he may have committed criminal trespass
and assault, has not committed theft inasmuch as what he did was
not done dishonestly.
(j) Again if (“A”) having pawned an article to (“Z”) takes it out of
(“Z’s”) possession without (“Z’s”) consent not having paid what he
borrowed on the article, he commits theft though the article is his
own property inasmuch as he takes it dishonestly;
(k) (“A”), being on friendly terms with (“Z”), goes into (“Z’s”) house in
(“Z’s”) absence and takes away a cooking-pot without (“Z’s”)
consent with the intention of returning it after use. Here, it is
probable that (“A”) may have conceived that he had (“Z’s”) cooking
pot. If this was (“A’s”) impression, (“A”) has not committed theft;
(l) (“A”) asks charity from (“Z’s”) wife. She gives (“A”) money, food
and clothes, which (“A”) knows to belong to (“Z”), her husband.
Here it is probable that (“A”) may conceive that (“Z’s”) wife is
authorized to give away alms, If this was (“A’s”) impression, (“A”)
has not committed theft;
(m) (“A”) is the paramour of (“Z’s”) wife. She gives (“A”) valuable
property, which (“A”) knows to belong to her husband (“Z”) and
(“A”) knows that she is not authorized by (“Z”) to give it out. If
(“A”) takes the property dishonestly, he commits theft;
(n) (“A”) in good faith, believing property belonging to (“Z”) to be
(“A’s”) own property, takes that property out of (“Z’s”) possession.
Here, as (“A”) does not take dishonestly, he does not commit theft.
88
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