1988 PLP r (PCRLJ)
THE STATE — Prosecutor Versus JAVAID and another — Accused
| Citation | 1988 PLP r (PCRLJ) |
| Forum / Court | Karachi |
| Bench Members | Ibadat Yar Khan, J |
| Parties | THE STATE — Prosecutor Versus JAVAID and another — Accused |
| Primary Law | Explosive Substances Act (VI of 1908) |
Q1: What are the key laws and sections cited in 1988 PLP r (PCRLJ)?
This judgment primarily cites: Explosive Substances Act (VI of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP r (PCRLJ)?
The case was heard and decided by the Karachi bench comprising: Ibadat Yar Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP r (PCRLJ) (THE STATE — Prosecutor Versus JAVAID and another — Accused). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 25th May, 1987.
Headnotes / Summary
S. 3--Mens rea--Explosion of Patakhas on next day of Shab-e -Barat--Object to enjoy fun of crackers--Meddling with Patakhas, held, could not be said to be motivated to unlawfully and malciously cause injury to any property or to endanger human life--Accused acquitted in circumstances. P L D 1980 Pesh. 119 ref. Mohammad Ilyas Khan A.A.-G for the State. Sarwar Khan for the Accused.
Judgment & Decree
Mohammad Ilyas Khan A.A.-G for the State. Sarwar Khan for the Accused. Date of hearing: 25th May, 1987. The two boys, who are accused in this case are present on bail in Court and their statement is as follows:- "On that very night we were playing with fire works because it was the next day of Shab-e-Barat. We climbed up on the roof of Mr. Matin to enjoy the fun. The crackers burst in our hands before they were thrown towards sky. This incident happened in presence of the owner of the house in the early hours of the evening. There was no criminal intention on our part. Why have the witnesses deposed against you? The witnesses have simply narrated the events that have happened. We do not want to produce any evidence in the defence. We plead not guilty. We are poor people earning our livelihood by doing part-time job and also taking education in the evening schools. This unfortunate incident has occurred which has caused injuries to us. We have no intention of breaking the law or causing any prejudice to the public." These accused are young boys and the incident has happened on the next day of Shab-e-Barat. On plain reading of section 3 of the Explosive Substances Act, 1908 it cannot be said that the explosion which occurred on the eve of Shab-e-Barat through the Patakhas fell within the mischief of this section. The explosion caused by these Patakhas on that night was, for sake, of fun in the presence of the owner of the house. All the circumstances indicate that the object of the accused in using the Patakhas on that evening was to enjoy the fun. Nothing can be farther from reality than to say that the motive of these boys in meddling with the Patakhas was motivated to unlawfully and maliciously cause injury to any property or to endanger life of any one. No case is made out against the accused and they are acquitted. For the view expressed above I would respectfully rely on PLD 1980 Pesh.
119. They are on bail, their bail bonds stand discharged. S. A. /S-163/ K Accused acquitted.