K. N. MEHRA vs THE STATE OF RAJASTHAN

The Supreme Court held that under Section 378 of the Indian Penal Code, theft requires the absence of consent for the taking of property. The appellant, a cadet, took an aircraft without authorization, intending to fly to Pakistan, which constituted theft as there was no implied consent. The Court affirmed the conviction under Section 379 IPC, establishing that temporary retention of property can amount to theft, differing from the concept of larceny in English law.