Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 295-C---Use of derogatory remarks etc., in respect of Holy Prophet (P.B.U.H.)---Appreciation of evidence---Benefit of doubt---Consulted complaint---Contradictions in evidence---Accused was Station House Officer of a police station who was convicted by Trial Court under S.295-C, P.P.C., and sentenced to imprisonment for life---Validity---Complaint was prepared by friends and companions of complainant and not by himself---One of the prosecution witnesses did not support prosecution version during the course of investigation, as well as, during the course of trial---Police officer in whose room the alleged occurrence had taken place, did not support the prosecution accusation---Accused during the course of investigation had sworn on the Holy Quran that he had not committed any offence as contained in the crime report---Accused belonged to a religious family of Fiqa-e-Hanfia and a madrassa for religious education was also being run by him and his family---Complainant used to visit police station in connection with investigation of certain cases being conducted by accused himself and on his refusal to favour the party of his choice the complainant had filed application for change of investigation---Such facts created serious dents in the authenticity of the prosecution version which had gone to its root---High Court declined to maintain conviction/sentence as inflicted by Trial Court because it was against the canons of safe administration of justice specially when none of the complainants and prosecution witnesses was having adequate Islamic knowledge to be tested upon touchstone of Tazkia-tul-Shuhood---Whole prosecution version was hinging upon conjectures and surmises and could not be considered as legal evidence to connect accused with commission of offence---Trial Court was not justified in convicting accused while basing such an inconsistent/ incoherent evidence which even other-wise was full of material contradictions/ flaws---High Court set aside conviction and sentence awarded to accused and he was acquitted of the charge---Appeal was allowed in circumstances. Ayub Masih v. The State PLD 2002 SC 1048 rel. (b) Criminal…

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