Claim of Prosecution

students may please answer first.

Interesting Question. Yes, student may lead the answer.

Read the case of Pyare Lal Vs State of Rajasthan (1963) CrLJ 178 (SC) In this case SC observed that "Taking out of possession even if intended to return is theft"

Please refer section 378 of IPC for the definition of Theft and 379 speaks about the quantum of maximum punishment for the offence.

The important ingredient of the offence to be proved are as follows:

a) dishonest intention

b) without consent of the owner

c) taking away the theft goods

In this case, onus of proof lies only on the complainant with respect to the dishonest intention of stealing by the accused. If tnis is proved, then a charge can be framed by prosecution, after proper investigaion of the complaint against the accused.

Read the case of Pyare Lal Vs State of Rajasthan (1963) CrLJ 178 (SC) In this case SC observed that "Taking out of possession even if intended to return is theft"

SIR,

        CAN U PLEASE PROVIDE ME WITH THE ABOVE CITED JUDGEMENT COPY.

Check your mail box.

Mr. Assumi .. Please send me copy of the judgment

It is very tough to prove the case of theft. Even if it is an attempt to commit theft you must prove the mensrea of the accused at the time of the attempt of  theft which is very difficult for you to prove. As you say that, Mrs.X was standing out side the shop even there is no case of running out of sight and chasing them red handed. So, your case will not succeed.