Law: Pakistan Penal Code, 1860

Section: 295-C

Law: Criminal Procedure Code, 1898

Section: 154,173,342,243

Summary

The appellant, Anwar Keneth, convicted and sentenced to death under section 295-C PPC, was later diagnosed with Bipolar Affective Disorder by a Medical Board, which raised serious doubts about his mens rea at the time of the offence. Considering his mental condition and prolonged imprisonment, the Supreme Court extended the benefit of doubt and acquitted him, setting aside the death sentence.

Core Points

• Anwar Keneth was convicted under section 295-C PPC for an alleged offence involving a letter with religious content.
• He pleaded guilty but was never examined for mental illness during trial or prosecution.
• A Medical Board diagnosed him with Bipolar Affective Disorder (hypomanic phase) after his conviction, noting symptoms such as delusions and auditory hallucinations.
• The letter written by the appellant during the time of the offence reflected symptoms of his mental disorder.
• The Medical Board's opinion cast doubt on the existence of mens rea, a required element for conviction under the penal offence.
• The Court recognized the prosecution's duty to prove guilt beyond reasonable doubt and extended benefit of doubt to appellant.
• Both trial and High Court judgments were set aside, and appellant was acquitted with directions for continued medical treatment.

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