FIRST LAW

The Indian Penal Code, 1860 - Sections 22 and 29 -  “document” -  “moveable property” - "theft" -  the “document” as defined in Section 29 IPC is a “moveable property” within the meaning of Section 22 IPC which can be the subject matter of theft. The information contained thereon in the documents would also fall within the purview of the “corporeal property” and can be the subject matter of the theft.

Evidence Act, 1872 -  S.114 -  Penal Code, 1860 - Ss. 411, 457 & 380 - Theft -  Lurking house trespass -  Dishonestly receiving stolen property - A ccused not guilty under Sections 457 and 380 I.P.C, but the 2 nd  accused was found guilty under Section 411 I.P.C. Though the prosecution could not effectively and successfully prove the alleged offence of lurking house trespass and theft, the evidence adduced by the prosecution clearly proved the offence under Section 411 I.P.C as against the 2 nd  accused. It was in such a circumstance, the trial court found him guilty under Section 411 I.P.C as a lesser offence.