| Z with intention to steal ornaments opened V?s box and found it empty. Which one of the following statements is correct? |
A) not liable for attempt to commit theft as the box being empty, commission of theft was impossible
B) not liable for attempt to commit theft as he did not do the penultimate act towards commission of theft
C) not guilty of attempt to commit theft as he made only preparations to commit theft
D) guilty of attempt to commit theft as he had an intention to commit theft and did an act towards its commission
Correct Answer: D
Solution :
According to Section 378 of Indian Penal Code, 1860 here Z is guilty of attempt to commit theft as he had an intention to steal (Animo Furandi) and did an act towards its commission.
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