Criminal Law (CLAT Legal-Aptitude): Questions 82 - 83 of 88

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Question number: 82

» Criminal Law

Appeared in Year: 2016

MCQ▾

Question

PRINCIPLE: One who dishonestly mis-appropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.

FACTS: ‘X’ takes property belonging to ‘Z’ out of Z’s possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, ‘X’, on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

Choices

Choice (4) Response
a.

‘X’ is guilty of an offence of misappropriation.

b.

‘X’ may be guilty of theft but not for misappropriation.

c.

‘X’ is not guilty as the property can be recovered from the stranger.

d.

‘X’ is not guilty because when he took the property, he believed in good faith that it belonged to him.

Question number: 83

» Criminal Law

MCQ▾

Question

PRINCIPLE: Killing is not murder if the offender, whilst deprived of the power of self-control by intense and sudden provocation, causes the death of the person who gave the provocation.

FACTS: ‘P’, a man found his girlfriend sleeping, in her own bed room, with another man named ‘Q’. ‘P’ did not do anything but went to his home, picked a gun and cartridges, returned to the girlfriend’s bed room with loaded gun but found the place empty. After fifteen days he saw his girlfriend dining in a restaurant. Without waiting for even a second, ‘P’ fired five bullets at his girlfriend who died on the spot.

Choices

Choice (4) Response
a.

‘P’ killed his girlfriend under intense and sudden provocation.

b.

‘P’ did not kill his girlfriend under intense and sudden provocation.

c.

‘P’ could have killed both ‘Q’ and his girlfriend.

d.

‘P’ could have killed ‘Q’ instead of his girlfriend.

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