Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 295-A & 295-C---Apreciation of evidence---Allegation of blasphemy involving death sentence---Accused, a Muslim was alleged to have pasted Ishtihars at the main gate of a big mosque of the city which were allegedly in his own handwriting and allegedly contained derogatory remarks about Holy Prophet of Islam and intended to outrage feelings of any class by insulting its religion or religious beliefs---Investigation of the case was entrusted to an official of the rank of an Assistant Sub-Inspector of Police who had himself admitted about his own level of education in his statement and Deputy Superintendent of Police (Legal) was not produced to state as to who guided him in proposing that a case of blasphemy was made out against the accused---Pencils and markers which were allegedly used for writing the alleged Ishtihars of blasphemy by the accused, purchased by someone other than the accused, were used as an incriminating evidence against the accused---Testimony of prosecution witnesses, on analysis, could not be considered to be providing a standard of proof nor had such a quality to be believed and said witnesses had no sufficient knowledge about the tenets of Islam---No one from the public other than the said two prosecution witnesses acid the complainant appeared to record their statements---Accused, in his statement under S.342, Cr.P.C. had stated that his previous writings were secured by the police under pressure while he was in custody and said statement of the accused found support from the testimony of Investigating Officer---Magistrate stated to have taken the samples of the writing of the accused was not produced and it appeared that he had attested the samples of the signatures which were produced by the Investigating Officer, who took away the file and introduced the same there---Such quality of evidence could not be relied in a case as serious as the present one and reflected inefficiency, inaptitude, apathy and perfunctory working on the part of Police Officials and the way they collect evidence---If the case of the prosecution was per se infirm, then going into a debate pertaining to Fiqah at the end of…

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