Law: Pakistan Penal Code, 1860

Section: 436

(a) Penal Code (XLV of 1860)--- ----S. 436---Mischief by fire or explosive substance with intent to destroy house, etc.---Appreciation of evidence---Benefit of doubt---Manner of setting fire not believable---Enmity between the parties admitted---False implication possible---Effect---Accused was alleged to have set complainant's Otak on fire by using a match-stick while the co-accused persons allegedly resorted to aerial firing and also caused injuries to complainant's brother---Trial Court convicted and sentenced the accused under S.436, P.P.C.---Validity---Material contradictions existed between the evidence of complainant, eye-witnesses and investigation officer---Nothing had been secured and produced before Trial Court in respect of source of the fire like "match box" or any other thing---Fact that entire Otak including its furniture could be burnt by help of a single match stick, without any kerosene oil or something similar, was not believable---Enmity between the parties over a plot was admitted, therefore, false implication of accused on account of such enmity could not be ruled out---Prosecution had failed to prove the charge against accused beyond any reasonable doubt---Accused was extended benefit of doubt and was accordingly acquitted of the charge---Appeal was allowed accordingly. (b) Criminal trial--- ----Benefit of doubt, availability of---Scope---Single infirmity creating doubt---Effect---For the purpose of giving benefit of doubt to an accused more than one infirmity was not required--- Single infirmity creating reasonable doubt in a prudent mind regarding truth of the charge was sufficient to give benefit of doubt to the accused. JUDGMENT RIAZAT ALI SAHAR, J.---The appellant was convicted and sentenced by the learned Ist Additional Sessions Judge Jacobabad for offence under section 436, P.P.C. to suffer R.I. for three years and to pay fine of Rs.20,000 and in default in payment thereof to further suffer S.I. for six months. Benefit of section 382-B, Cr.P.C. was extended to the appellant, vide Judgment dated 29-4-2004. 2. The relevant facts of the prosecution case are that on 29-11-2002 at about 9-00 a.m. complainant Ali Gohar, his brother P.W.…

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