Law: Qanun-e-Shahadat (10 of 1984)

Section: 164

(a) Administration of justice--- ----Duty of Court---Courts were duty bound to decide cases dispassionately on basis of available evidence without being influenced by emotions and where a criminal offence alleged was heinous, Courts should be all the more cautious. Ismaeel v. The State 2010 SCMR 27; Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274; Ali Raza alias Peter and others v. The State and others 2019 SCMR 1982 and Naveed Asghar and 2 others v. The State PLD 2021 SC 600 rel. (b) Qanun-e-Shahadat (10 of 1984)--- Art. 164 --- Production of evidence that has become available because of modern devices, etc.---Short messaging service (SMS), proof and admissibility of ---Scope---SMS was covered by Art. 164 of Qanun-e-Shahadat and was admissible to prove a fact subject to the conditions that fact sought to be proved was relevant (meaning that it must be of consequence to determination of a case); that text was not a hearsay; and that its authenticity was duly established at trial---Even if a defendants name was on a text message, there may be situations in which it may be necessary for a party to prove some confirming circumstances to demonstrate authorship of a text message / SMS. Ishtiaq Ahmed Mirza and 2 others v. Federation of Pakistan and others PLD 2019 SC 675; Ali Raza alias Peter and others v. The State and others 2019 SCMR 1982; Mian Khalid Perviz v. The State through Special Prosecutor ANF and another 2021 SCMR 522; How reliable is SMS delivery? [Accessed at articles>] and Commonwealth v. Duncan Purdy, 459 Mass. 442 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 295-C, 295-B 201---Telegraph Act (XIII of 1885) S.25-D---Qanun-e-Shahadat (10 of 1984) Art. 38---Offences relating to religion---Use Blasphemous and derogatory remarks via Short-messaging Service (SMS) / text message---Reappraisal of evidence---Burden of proof, discharge of----Scope---Accused were convicted under Ss. 295-C, 295-B, 201, P.P.C. 25-D of Telegraph Act, 1885; for authoring and sending SMS containing derogatory and blasphemous text---Contention of accused, inter alia, was that evidence was not properly appraised at Trial--Validity---Accused could only be convicted if…

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