Law:

Section:

Penal Code (XLV of 1860)-------S. 295-B---Appreciation of evidence---Case was registered against the accused under 5.295-B, P.P.C. on allegation that he had burnt the Holy Qur'an---After investigation of the case report under 5.173, Cr.P.C. was prepared and was submitted before the Judicial Magistrate who, in view of heinous nature of the offence, referred the matter to the Sessions Judge--­Sessions Judge without assigning any reason found that instead of S.295-B, P.P.C. offence had been made under 5.295-A, P.P.C. which was included in the Schedule of the Anti-Terrorism Act, 1997---Validity---Allegation levelled against the accused fell within the mischief of S.295-B, P.P.C. and S.295-A, P.P C. was not applicable in the case---Orders of the Courts below were set aside, in circumstances. JUDGMENT Through the instant revision petition, the petitioner namely Ikram Ullah Khan son of Islam Khan has challenged the order dated 23-5-2000 passed by the Sessions Judge, Pakpattan, whereby section 295-B, P.P.C. was substituted with section 295-A, P.P.C. and it was held that the case was triable by the Special Court, constituted under the Anti-Terrorism Act, 1997. 2. The brief facts leading to the present revision are that a case F.I.R. No.63 of 2000 was registered under section 295-B, P.P.C. against the petitioner at Police Station Saddar, Pakpattan on 3-2-2000. Succinctly the allegation against the petitioner was that he most unfortunately, burnt the Holy Qur'an. 3. After the investigation of the case a report under section 173, Cr.P.C./Challan was prepared and submitted before the Judicial Magistrate, Arifwala, who vide his order, dated 5-5-2000 referred the matter to the Sessions Judge, Pakpattan, as according to him the offence was of the heinuous nature. 4. The learned Sessions Judge, Pakpattan, without assigning any reason held that instead of section 295-B, P.P.C., section 295-A, P.P.C., was made out,…

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