Judiciary - Con...

LEGAL PRINCIPLE: Acts done by children below 12 years of age are not offences if they are not mature enough to understand the nature and consequences of the acts.
FACTUAL SITUATIONS: Sahil, a child of 10 years of age, finds a gold coin in his uncle's home. He gives the coin to his sister Rachna who is eight years old. The uncle reports the matter to the police. The police conducts a search. During the investigation the police finds the gold coin kept in the toys of Rachna tells the police that Sahil had given the coin to her.
DECISION will be _____.

PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent moves that property, such taking is said to commit theft.
FACT: Ramu cuts down a tree in Rinku's ground, with the intention of dishonestly taking the tree out of Rinku's possession without Rinku's consent. He could not take the tree away.

LEGAL PRINCIPLES:
(i) Everyone has a right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than is necessary has been caused to avert the danger.
(2) Nothing is an offence which is done in the exercise of the right of private defence.
FACTUAL SITUATION: The accused found the deceased engaged in sexual intercourse with his 15 year old daughter The accused assaulted the deceased on the head with a spade which resulted in his death. Accused claimed private defence and the prosecution claimed that the sexual intercourse was with the consent of the daughter. Here,
DECISION will be _____.

PRINCIPLE: Whoever drives any vehicle, or rides, on any public way in manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed an offence, which shall be punished in accordance with the law
FACTS: 'X', a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit 'Y', a pedestrian, from behind causing his death.

PRINCIPLE: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
FACTS: 'A' knows 'Z' to be behind a bush. 'B' does not know it. 'A' , intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills 'Z'.

PRINCIPLE: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
FACTS: 'X' takes a plain sheet of paper from 'Y's drawer without 'Y's consent to write a letter to his friend.

PRINCIPLE: 'Wrongful gain' is gain by unlawful means of poverty to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled.
FACTS: 'X' takes away 'Y's watch out of Y's possession, without 'Y's consent and with the intention of keeping it.

PRINCIPLE: Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will , cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to the other.
FACTS: 'Z' is riding in a palanquin. A intending to rob 'Z', seizes the pole and stops the palanquin. Here A has caused cessation of motion to 'Z', and A has done this by his own bodily power.

PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTS: 'Z' going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.