ANNARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant in this case has been convicted under Section 436 of the Indian Penal Code to suffer imprisonment for two years.

(2.) THE prosecution story stated briefly is that on 9. 5. 1983 PW. 7 Shiv Narain had gone out of his village and his daughter was alone in the house when the accused came there and claimed drink water, drank it and left smoking bidi and it is alleged that he threw light match stick or bidi near the Dhani which resulted in burning the "bad and the "dhani" of Shiv Narain. On the basis of report alleged, the present accused was prosecuted and believing the testimony of the only child witness, conviction was recorded.

(3.) IT will be seen therefore, from the provisions of Section 425 that the act must be done with intend to cause wrongful loss or damage either to the Public or any person by destruction of any property. IT has been added by the explanation that even knowledge that such wrongful loss would be caused is sufficient, several illustrations have also been given below under Section 425. From the perusal of the knowledge of mischief as the illustration thereunder, it is crystal clear that in order to bring home the charge under Section 425, the prosecution must prove intention or knowledge on the part of the accused to cause wrongful loss or damage to property and when such mischief is caused in relation to dwelling house, the punishment is provided under Section 436.