Law:

Section:

Penal Code (XLV of 1860)--- ----S. 295-A---Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs---Appreciation of evidence---Person who reported the matter to Police was not a direct witness of what was allegedly uttered by accused---One of prosecution witnesses was a professional driver; and the other one had no basic knowledge of religious teaching---Police Inspector, who started investigation statedly after consultation of some Ulema gave final verdict as to the guilt of accused, but neither any of the religious scholar, who was consulted by the Police, had been named, nor any one was produced as a witness---Even any opinion of any religious scholar, had not been made part of the record---Offence under S.295-A, P.P.C., was not constituted, even in view of the statements of the prosecution witnesses---Prosecution, had failed to bring home guilt to accused on the charge levelled against him---Trial Court, ignored the facts and failed to confront the charge framed under S. 295-A, P.P.C., to the accused and convicted the accused without there being any corroborative and confidence inspiring evidence available on record---Conviction and sentence recorded by the Trial Court against accused under S.295-A, P.P.C., was not sustainable which was set aside and accused was ordered to be set at liberty, in circumstances. Muhammad Mahboob alias Booba v. The State PLD 2002 Lah. 587 ref. THIS JUDGMENT DELIVERED BY: IBAD-UR-REHMAN LODHI, JUSTICE:---.--- The appellant, in this matter, was charged on 25.07.2012, under sections, 295-A, 295-C and 298-A P.P.C., in a case, wherein allegedly he uttered derogatory words on 02.11.2011 in respect of Hazrat Mohammad (Peace Be Upon Him), which matter was formally reported to police on 12.11.2011 through FIR No.359 of 2011, at Police Station, Sadar Talagang, District Chakwal, by a person i.e. Naseer Ahmad, who, in fact, was not a direct witness of what allegedly was uttered by the appellant. 2. Mohammad Ahsan-PW.2 and Mohammad Akram-PW.3 are the star witnesses of the prosecution, who stated to be present in the sitting, when the appellant allegedly used filthy…

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