THE STATE Versus JAVAID Mohammad Ilyas Khan A.A.-G , Sarwar Khan

1. The two boys, who are accused in this case are present on bail in Court and their statement is as follows:-

2. "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."

3. These accused are young boys and the incident has happened on the next day of Shab-e-Barat.

4. 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.

5. 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.

6. For the view expressed above I would respectfully rely on PLD 1980 Pesh.

119. They are on bail, their bail bonds stand discharged.

7. S. A. /S-163/ K Accused acquitted.