Case Note & Summary
The appellant, Kishor Marotrao Raut, was convicted by the Adhoc Additional Sessions Judge, Wardha, in Sessions Trial No. 7/2008 for an offence punishable under Section 436 of the Indian Penal Code (IPC) and sentenced to five years rigorous imprisonment and a fine of Rs. 10,000. The prosecution case was that on 21st December 2007, the appellant came to the hut of the first informant, Asha Gujar, and threatened her. He later returned with a gunnybag containing soyabean and forcibly kept it in her hut. The first informant reported the incident to the police, and when the police came, the appellant fled. The first informant and her daughter slept in a nearby temple out of fear. The next morning, she found her hut burning. The trial court convicted the appellant based on the evidence of the complainant and other witnesses. The appellant appealed to the Bombay High Court. The High Court found that the evidence of the complainant was inconsistent and that the prosecution had not produced any independent witness to support the claim. The court noted that the circumstances did not conclusively point to the guilt of the accused. The court held that the prosecution had failed to prove the case beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted. The court directed that the appellant be set at liberty forthwith if not required in any other case.
Headnote
A) Criminal Law - Mischief by Fire - Section 436 IPC - Conviction based on circumstantial evidence - Prosecution failed to prove that the accused set fire to the hut - The evidence of the complainant was inconsistent and the circumstances did not conclusively point to the guilt of the accused - Held that the accused is entitled to benefit of doubt and acquitted (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 436 of the Indian Penal Code for setting fire to the complainant's hut is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Bail bonds cancelled. Appellant to be set at liberty forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Circumstantial evidence
- Inconsistent testimony
- Section 436 IPC
- Mischief by fire
- Acquittal
