Law: Pakistan Penal Code, 1860

Section: 84,295B

(a) Penal Code (XLV of 1860)--- ----Ss. 295-B & 84---Appreciation of evidence---Accused was seen by the eye-witnesses trampling under his feet the pages of the Holy Quran after tearing, and throwing the same on the graves, who was caught red-handed and handed over to police with the torn pages of the Holy Quran---Defence had amply proved oh record that the accused at the time of incident was an insane person and he did not know the nature of his act---Prosecution had failed to rebut on record the version of the accused supported by medical evidence---Intention of the accused had to be proved before holding him guilty of the offence under S.295-B, P.P.C.---Section 84 P.P.C. provided that nothing was an offence done by a person who, at the time of doing it by reason of unsoundness of mind, was incapable of knowing the nature of the act or that what he was doing was either wrong or contrary to law---Accused had proved on record that at the time of occurrence he was not in a state of sanity and was incapable of knowing the nature of his act---Accused was acquitted in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 295-B---Defiling etc. of Copy of Holy Quran---Prerequisite---Intention of accused has to be accounted for before holding him responsible for the commission of the offence under the section. THIS JUDGMENT DELIVERED BY: IJAZ AHMAD CHAUDHRY, J.--- Through this Criminal Appeal No.1599 of 2004, Shahbaz Masih (appellant) has challenged the judgment, dated 25-9-2004 passed by learned Sessions Judge, Faisalabad whereby he had convicted the appellant under section 295-B, P.P.C. and sentenced him to imprisonment for life. 2. The occurrence in the present case had allegedly taken place on 4-6-2001 at 9-00 a.m. within the territorial jurisdiction of Police Station Sargodha Road, Faisalabad and the matter was reported by Qari Muhammad Rafique, Khateeb, Jamia Masjid Baikhi Chestia Darbar, Islamia Park, Faisalabad, complainant (P.W.2) at 10-45 a.m. through application (Exh. PA) on the basis of which formal F.I.R. No.315 of 2001 (Exh.PA/1) was drafted by Manzoor Hussain, A.S.-I. (P.W.1) on the same day at the police station. 3. The brief facts as narrated by…

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