| Principle Whoever intending to take dishonestly any movable property out of the possession of any person without that person's consent moves that property with an intention to take. It is said to commit theft. |
| Facts Y cuts down a tree on Z's ground with the intention of dishonestly taking it out of Z's possession without Z's consent. Y could not take away the tree. |
A) Y can be prosecuted for theft
B) Y cannot be prosecuted for theft
C) Y can be prosecuted for attempt to theft
D) Y has neither committed theft nor attempted to commit theft
Correct Answer: C
Solution :
In this case, T can be prosecuted for committing attempt to theft. The reason is he cut down the tree on Z's ground with the intention of dishonestly taking it out of Z's possession. Hence, the offence complete. It makes no difference that he could not take away the tree.
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