Law: Penal Code (XLV of 1860)

Section: 295-C

(a) Penal Code (XLV of 1860)--- ----S. 295-C---Use of derogatory remarks in respect of the Holy Prophet (PBUH)---Appreciation of evidence---Unexplained delay in registration of FIR---Remarks not mentioned in complaint---Benefit of doubt---Accused was Christian by faith and occurrence took place after Fajar prayers (before dawn)---Allegation against accused was that he perpetrated offence of blasphemy in presence of five Muslim witnesses when he was not armed---Complainant also claimed that many other people from locality also gathered there and they informed them about the words used by accused---Accused was convicted and sentenced to death by Trial Court---Validity---Matter was not reported by complainant or other witnesses till 2:50 pm i.e. after Jummah prayers---Written application drafted next day bearing thumb impression of complainant and read over to him did not carry derogatory remarks allegedly uttered by accused in presence of witnesses---According to details given by prosecution witnesses, the application was drafted in presence of other persons of Muslim community who gathered for Jummah prayers in the mosque situated near place of occurrence---High Court set aside the conviction and sentence awarded to accused by Trial Court and he was acquitted of the charge---Appeal was allowed in circumstances. Mst. Asia Bibi v. The State and others PLD 2019 SC 64 and Malik Muhammad Mumtaz Qadri v. The State PLD 2016 SC 17 rel. (b) Penal Code (XLV of 1860)--- ----S. 295-C---Criminal Procedure Code (V of 1898), S.342---Use of derogatory remarks in respect of the Holy Prophet (PBUH)---Admission by accused---Failure to put such question to accused---Effect---Alleged admission of accused before complainant and investigating officer, while in custody, regarding utterance of blasphemous words, such piece of evidence was not put to him during his statement recorded under S.342, Cr.P.C.---If a piece of evidence was not put to accused while recording his statement under S.342, Cr.P.C. that could not be read in evidence---Admission of accused could not be read in evidence in circumstances. (c) Criminal trial--- ----Benefit of doubt---Scope---If there is a single…

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