Directions For Questions
Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
...view full instructions
Principle: In criminal law, misappropriation is the intentional, illegal use of the
property or funds of another person for one's own use or other unauthorized purpose,
particularly by a public official, a trustee of a trust, an executor or administrator of a
dead person's estate or by any person with a responsibility to care for and protect
another's assets. Embezzlement is misappropriation when the funds involved have been
lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another
person's property or services without that person's permission or consent with the intent
to deprive the rightful owner of it.
Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his
valuables, including some cash to X, the guard on duty for safe custody, as notified by
the Municipality. After swimming for an hour, A came out and searched for X. He found
another guard on duty and that guard informed A that X had gone home after completing
his shift and did not hand over anything to be given to A. A registered a complaint with
the police. X was traced but he told the police that he sold all the valuables and the
entire cash was used for drinking liquor. What offence, if any, was/were committed by
X ?