Law: Pakistan Penal Code, 1860

Section: 295-A,295-B

Dishonest improvement-- ----If dishonest improvements are made by a witness on material aspects of case then he is not worthy of reliance--It is, therefore, not safe to rely upon evidence of above mentioned eye-witnesses who made dishonest improvements in their statements before Court in order to strengthen prosecution case. 2010 SCMR 385. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 295-A 295-B--Conviction and sentence--Challenge to--benefit of doubt--Dishonest improvements--Derogatory rewarks about Muslims, Islam or the Holy Qur’an--Prosecution witnesses made dishonest improvements in their statements, recorded before learned trial Court regarding material aspects of case--It is therefore, evident from perusal of statements of abovementioned prosecution witnesses that appellant was living in their area since long (35-years) and there was no complaint against appellant that he ever tried to outrage feelings of Muslim Community--The said prosecution witnesses further conceded that appellant had many Muslim friends--None of prosecution witnesses stated that at time of occurrence or prior to occurrence, appellant ever spoke any derogatory remarks about Muslims, Islam or the Holy Quran--Underline circumstances, if for sake of arguments prosecution case is taken as gospel truth that appellant burnt some books containing Arabic words, even then prosecution failed to prove menseria of appellant that he intentionally committed offence to outrage feelings of Muslims because appellant might have burnt some books containing Arabic language while considering them waste papers and without realizing that there might be some Quranic versers written in said books--Court have considered all aspects of this case and have come to this irresistible conclusion that prosecution could not prove its case against appellant beyond shadow of doubt--Held: It is by now well settled law that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious doubt regarding truthfulness of prosecution story--Appeal was allowed.…

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