FACTS
The accused was convicted in trial court for tampering with documents of the electricity license. The appellant helped move the documents. His accomplice replaced the documents so as to cause delay in issuance of license.
ISSUE
Whether the accused is guilty of the offence of theft under IPC [now BNS] or not.
LAWS INVOLVED
Sec. 378 of the Indian Penal Code [Sec. 303 of the Bhartiya Nyaya Sanhita]
JUDGEMENT
It was held that it is not necessary that the taking must be of permanent character or should derive any profit. A temporary removal of an office file, making it available for a private person for two days amounts to theft as the immovable property was moved from the possession of the Chief Engineer without the consent with dishonest intentions.
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