Law:

Section:

(a) Administration of justice--- ----Criminal justice---System---Scope---System of administration of criminal justice in Pakistan is adversarial in nature and prosecution cannot be allowed an undue advantage to the detriment of accused---Court has power to examine a witness as court witness, only when it is essential to the just decision of the case---Power of such amplitude is to be exercised with circumspection in aid of justice and not in aid of prosecution. (b) Penal Code (XLV of 1860)--- ----S. 295---Offences relating to religion---Duty of court---Such charges are mostly based upon verbal accusations and are capable of bald denial in the event of contest---Court, in such like cases, must insist for evidence with high standard of integrity and from an unimpeachable source---Ordinarily a believer is not expected to offer contempt to his own beliefs and convictions---Verbal denial by accused should be preferred over verbal accusations of prosecution. (c) Penal Code (XLV of 1860)--- ----Ss. 295-B, 295-C, 419 & 420---Defiling of the Holy Quran, use of derogatory remarks in respect of the Holy Prophet and cheating---Appreciation of evidence---Complainant alleged that accused persons defiled the Holy Quran, used derogatory remarks in respect of the Holy Prophet and committed cheating---Trial Court convicted all the accused on the charge of cheating and sentenced to imprisonment for ten years---Validity---Doubts existing were neither illusory nor imaginary rather rooted into the stated position of prosecution---Accused were rightly acquitted from the charge of blasphemy---Once prosecution failed on main charges against accused persons, their conviction under Ss. 419 & 420 P.P.C. was not sustainable as prosecution witnesses were found by Trial Court to have capacity of mischief to make false imputations of nature mentioned by complainant, therefore, there was no occasion to return a guilty verdict under Ss. 419 & 420, P.P.C.---High Court set aside conviction and sentence awarded to accused persons and they were acquitted of the charge---Appeal was allowed in circumstances. JUDGMENT QAZI MUHAMMAD AMIN AHMED, J.---Crl. Appeal No.318 of 2007 filed by…

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