Law:

Section:

(a) Penal Code (XLV of 1860)---S. 295-B--Constitution of Pakistan (1973), Art. 185(3)--Sentence---Leave to appeal was granted to consider whether under S. 295-B, P.P.C. must the sentence on conviction be imprisonment for life. (b) Penal Code (XLV of 1860)--S. 295-B---Accused charged for throwing on the ground again and again Nimaz Mutarajjam and trampling the same---Accused an illiterate person taking plea that some unknown person had given him cigarette filled in with charas which he smoked by which he became intoxicated and senseless and somebody put Nimaz Mutarajjam in his pocket which later on turned to an ugly scene and resulted into the occurrence---Accused, thus had committed no offence in circumstances and was acquitted in circumstances. JUDGMENT ALI HUSSAIN QAZILBASH, J.---This appeal by leave arises from the judgment of a learned Single Judge of the Lahore High Court, Bahawalpur Bench dated 30-1-1985. , 2. The facts are that on 6-4-1982 at about 9-00 a.m., Mirza Muhammad Anwar Baig complainant was going towards Farid Gate when he found a person whose name later on transpired as Ubaidullah across the road in front of S.D. High School, near the wall of jail who was throwing a booklet on the ground again and again and was trampling the same. The complainant got suspicious, went near the person, picked up the booklet and found that it was Namaz Mutarajjam. In the meantime, two persons namely, Liaquat Ali and Muhammad Rafique also came there and saw the said occurrence. The three of them then caught hold of the accused and on asking he told them that he was trampling the booklet on his own free will and that they had nothing to do with it. Soon other people were collected there, they took the accused to the Police Post Farid Gate Bahawalpur alongwith booklet where the complaint Exh. PA. was lodged alleging therein that the accused had desecrated the Holy Quran and had injured the feelings of the Muslims. 3. Mukhtar Ahmad S.I. took the booklet Namaz Mutarajjam in his possession vide memo Exh.P.B. He arrested the accused, recorded the statement of the witnesses and the case was sent for trial. 4. On 7-10-1982, the learned Additional Sessions Judge-I formally…

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