The case of filling petrol without payment.

N.K.Assumi (Querist) 13 September 2008 This query is : Resolved
Accused went to petrol pump station and asked the man to fill the petrol. The man filled the petrol and after that the accused went away with his car without payment.Will it be a case of thief?

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Kiran Kumar (Expert) 13 September 2008
yes it is a clear case of theft.

pls refer to Section 379 and 380 of the IPC.

since valuable security has been taken away its a clear case of theft.

K.C.Suresh (Expert) 14 September 2008
Yes it is a theft.

H. S. Thukral (Expert) 14 September 2008
Intention/dishonesty and absence of consent are two essential ingradients of theft. Intention to move things dishonestly must exist at the time of moving the movable property. Do the facts state that the customer had intention of moving away without paying at the time of his arrival at the petrol pump? Secondly the moving of property cannot be said to be without consent.
I therefore am not in toal agreement with my Ld. friends Kiran and Suresh. Since I am contradicting opinion of two very Ld. friends, I request them to throw more light on the aspect that the offence is a theft. Just a valuable security has been taken away, it can not be clear case of theft.