A makes an attempt to pick the pocket of Z, by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket.
A is guilty of attempt to commit theft under Sec. 511.
- Attempt is the stage just before the completion of the crime in time and place.
- A’s thrusting of his hand into Z’s pocket is his attempt to theft.
- Here, if there was money in Z pocket. A would have picked the pocket of Z and the offence would be complete as soon as he takes the money from his pocket.
- On the contrary, as there was nothing in Z’s pocket A’s attempt to pick the pocket failed.
- Even though his attempt failed, he is liable for its attempt.
As there is no express provision for the punishment of attempt to theft, he is punishable under Sec. 511.