question_answer

Direction: Given below are the statements of facts of the case. After statement of facts, legal principles are given apply the principles to the facts of the case and select the most appropriate answer from among the four alternatives.

Principle Cheating is defined as deceiving any person to deliver any property and it includes the dishonest concealment of facts. Cheating by personating means a person cheating another by pretending to be some other person or by knowingly substituting one person for another or representing that he or any other person is a person other than he or such other person really is

Facts 'A', while leaving a restaurant mistakenly picked up the umbrella of 'B' instead of his own. The next day, he decided to return to the restaurant with the umbrella, hoping to find the real owner. 'C', who had never seen 'B' in person and had only communicated with 'B'' through letters was on his way to the restaurant to meet 'B'. Since 'B' and 'C' had never met, it was agreed between them to identify each other at the preappointed spot, the restaurant door, by the clothing of 'C' and umbrella of 'B', which they had described to each other in detail. 'C' saw 'A' at the door of the restaurant and identified the umbrella Thinking 'A' to be 'B', 'C' delivered a parcel labeled Mr B to 'A', 'A' received the same without protest and promptly returned home without looking for 'B'. Is 'A' guilty of cheating by personating?

A)  'A' is not guilty because he was going to return the umbrella to the real owner and handing over 'B's' packet to 'A' was 'C's' mistake

B)  'A' is not guilty because he was overcome by a sudden temptation

C)  'A' is guilty because he was aware of the mistaken identity and that the parcel was not meant for him but for 'B'

D)  'A' is guilty because the parcel might have been valuable to 'B'