Law: Pakistan Penal Code (PPC),1860

Section: 295(c)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 295(c)--Appeal against acquittal of accused--Allegation was blasphemous article wrote by accused-- laptop (P-1) as allegedly recovered from accused and who had prepared his report also did not find any articles in laptop (P-1) which were blasphemous and which articles were found present on websites--When articles which were found blasphemous were not even found present in laptop (P-1) as recovered from accused, then trial Court was right to conclude that prosecution could not prove case against accused/respondent--More importantly, in none of reports it was found that machine address of laptop (P-1) recovered from possession of accused was same which was used for uploading blasphemous material and furthermore IP addresses of machines used to register particular websites were also not found to be of Pakistan and blogspot http://www.kawaqi.blogspot.com was registered in United States of America (USA) whereas http://www.kwaqas.co.uk was registered in United Kingdom (UK)--During cross-examination PW-12 stated as under: “The blogspot website was owned by Google Corporation which was in USA, whereas, second website was Kwaqas.com which was normally hosted in USA but I cannot tell exact location of said website.” The prosecution did not prove that accused had ever remained at said places--According to established principle of criminal administration of justice, once an acquittal is recorded in favour of accused facing criminal charge, he enjoys double presumption of innocence, Court is competent to interfere in acquittal order should be slow in converting same into conviction, unless and until said order is patently illegal, shocking, based on misreading and non-reading of record or perverse--The said principle has been enunciated by august Supreme Court of Pakistan--Appeal…