Law: Penal Code (XLV of 1860)

Section: 259B

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

Section: 129(g)

(a) Penal Code (XLV of 1860) S. 295-B---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Willfully defiling, damaging, or desecrating a copy of the Holy Quran---Appreciation of evidence---Withholding material witnesses---Effect---Accused was charged for setting the Holy Quran on fire---Record showed that the complainant, who was ex-wife of appellant, was the only eye-witness---According to her story, on the day of incident a quarrel took place between her and appellant on her using a mobile phone in his absence---In the course of quarrel appellant asked the complainant to take oath of her innocence on Holy Quran and when she took the oath, and denied the accusation, he lost his temper and tried to burn the Holy Quran with gas lighter but the Holy Quran did not catch fire, hence he sprinkled perfume on the Holy Quran and set it alight---Then, appellant also broke her mobile phone and went outside to see his friends---In the afternoon, when appellant came and went to sleep, she called police helpline, upon which the police party came and she narrated the entire incident---Police party collected mobile phone from complainant and she also handed over burnt pages of Holy Quran to it---Thereafter, the accused was arrested and brought at Police Station, where he admitted his guilt---Except the complainant, no one from her house had been examined in the trial to support the prosecution story---Although the complainant had stated in evidence that when relevant documents were prepared including memo. of inspection of place of incident, her maternal uncle and her mother had signed those documents in the capacity of mashir but none of them had been examined in the evidence to support her---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860) S. 295-B---Willfully defiling, damaging, or desecrating a copy of the Holy Quran---Appreciation of evidence---Improvements made in the evidence of complainant---Accused was charged for setting the Holy Quran on fire---Record showed that there were certain improvements in the evidence of complainant---In her evidence while narrating the incident complainant had stated that appellant initially tried to burn…