X with the intention to steal ornaments opened Y s box and found it empty. Which of the following statements is correct?
1
X is not liable for attempt to commit theft as the box being empty, commission of theft was impossible.
2
X is not liable for attempt to commit theft as he did not do the penultimate act towards commission of theft.
3
X is not guilty of attempt to commit theft as the ornaments were not in the box.
4
X is guilty of attempt to commit theft as he had an intention to commit theft and did an act toward its commission.