Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.----S. 295-B---.---Constitution of Pakistan, Art. 199---.---Criminal Procedure Code (V of 1898), S. 561-A---.---Constitutional petition---.---Defiling etc., of copy of the Holy Qur'an---.---Quashing of F.I.R.---.---Juvenile accused with limited mental capacity---.---Planting of incriminating material---.---Ulterior motives of complainant---.---False implication---.---Effect---.---Allegation against accused, who was a Christian girl, was that she was proceedings towards a garbage heap to dispose of a polythene bag, when the complainant intercepted her and found half burnt pages of prayer (Namaz) book in the bag---.---Contention on behalf of accused was that complainant and local imam (prayer leader) of the area wanted to expel the Christian community from the area---.---Validity---.---Accused was a juvenile Christian girl, who was not literate and her medical report showed that her mental capacity was below her actual age---.---People in ordinary daily life never bothered to inquire from any person and particularly from a minor girl as to what she was carrying in her bag and what she intended to do with the same---.---Prudent man would never bother to intercept a girl in such a situation, which manifested that complainant had some ulterior motives as contended by the accused---.---Prior to the alleged occurrence, local imam (prayer leader) of the area had urged in his sermon that Christian community residing in the area should be expelled---.---Mala fide on part of complainant was very much apparent---.---Complainant's statement showed that he suspected that polythene bag carried by accused contained verses from the Holy Qur'an, but he failed to explain how he suspected the same, when he had not stated that such verses were visible from the polythene bag---.---Police took possession of polythene bag through recovery memo, which was attested by complainant and local imam (prayer leader), but surprisingly it was mentioned in the recovery memo that bag also contained two burnt pages of the Holy Qur'an---.---Inclusion of pages of the Holy Qur'an in polythene bag and mentioning of same in the recovery memo by the complainant…

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