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LEGAL PRINCIPLE : Whoever dishonestly takes away any property from the possession of another, with an…

Theft requires dishonestly taking property out of another's possession without consent; the combs were already in the apartment Raja moved into and were not removed from…

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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 :

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Correct answer B

Theft requires dishonestly taking property out of another's possession without consent; the combs were already in the apartment Raja moved into and were not removed from anyone's possession with dishonest intent, so "Raja is not liable as he has not taken it away from anyone else's possession and there was no dishonest intention."

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