Case Note & Summary
The appellants, original accused Nos.1 to 3, were convicted by the 4th Adhoc Additional Sessions Judge, Beed in Sessions Case No.133/2002 for offences punishable under Section 436 read with Section 34 IPC and Section 506 read with Section 34 IPC, and sentenced to rigorous imprisonment for three years and three months respectively. The prosecution case was that on 24.3.2002, the complainant Manisha Rajendra Sayamber (PW1) filed an FIR alleging that the accused set fire to her thatched roof house and threatened her. The trial court relied on the testimony of PW1 and her husband Rajendra (PW2), who were interested witnesses, and convicted the accused. On appeal, the Bombay High Court found that the evidence of PW1 and PW2 was inconsistent and contained material contradictions and omissions. The court noted that no independent witnesses were examined and the prosecution failed to prove the case beyond reasonable doubt. Consequently, the High Court set aside the conviction and acquitted the appellants, giving them the benefit of doubt.
Headnote
A) Criminal Law - Mischief by Fire - Section 436 IPC - Conviction set aside - Prosecution case based solely on interested witnesses with material contradictions and omissions - Held that conviction cannot be sustained when evidence is inconsistent and lacks corroboration (Paras 1-10). B) Criminal Law - Criminal Intimidation - Section 506 IPC - Conviction set aside - Allegation of threat not proved beyond reasonable doubt due to unreliable testimony - Held that benefit of doubt must be given to accused (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 436 and 506 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence of the appellants under Sections 436 and 506 read with Section 34 IPC are set aside. The appellants are acquitted and their bail bonds stand cancelled.
Law Points
- Benefit of doubt
- Inconsistent testimony
- Lack of independent witnesses
- Section 436 IPC
- Section 506 IPC
- Section 34 IPC
