Asia Bibi Blasphemy [Supreme Court Overturns Death Sentence] Read Full Judgement

Asia Bibi Blasphemy [Supreme Court Overturns Death Sentence] No one could be allowed to defy the name of the Holy Prophet Muhammad pbuh & be left unpunished, but there is another aspect of the matter; sometimes, to fulfill nefarious designs the law is misused by individuals leveling false allegations of blasphemy.

And do not mix the truth with falsehood or conceal the truth while you know [it].” (Al-Baqarah)

Asia Bibi Blasphemy [Supreme Court Overturns Death Sentence] [Free PDF download Urdu Judgement ##fa-file-pdf-o##] [Free PDF download English Judgement ##fa-file-pdf-o##]Or Read Online Below:

Asia Bibi Blasphemy [Supreme Court Overturns Death Sentence]. Blasphemy is a serious offence but the insult of the appellant’s religion and religious sensibilities by the complainant party and then mixing truth with falsehood in the name of the Holy Prophet Muhammad (Peace Be Upon Him) was also not short of being blasphemous. It is ironical that in the Arabic language the appellant’s name Asia means ‘sinful’ but in the circumstances of the present case she appears to be a person, in the words of Shakespeare’s King Leare, “more sinned against than sinning”. 

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• سپریم کورٹ کے فیصلے پر تنقید سے پہلے اس کا فیصلہ بغور پڑھ لیں، ایسا نہ ہو کہ روز قیامت آپ کو ظالم کی حیثیت سے کٹہرے میں کھڑا ہو کر حساب دینا پڑے۔

  
  

  سپریم کورٹ نے جس بنیاد پر ملزم آسیہ کو بری کیا:

  
  

  1۔ واقعہ چودہ جون 2009 کو پیش آیا اور اس کی ایف آئی آر 19 جون 2009 کو کاٹی گئی۔ مدعی کا نام قاری محمد سلام تھا، جسے اس کی بیوی نے بتایا کہ وہ جن دو عورتوں کو قرآن پڑھاتی ہے، انہوں نے قاری کی بیوی کو بتایا کہ آسیہ نامی ایک عیسائی خاتون نے نبی ﷺ کے متعلق توہین آمیز الفاظ استعمال کئے۔

  
  

  2۔ واقعے کی تفصیل کے مطابق 14 جون 2009 کو معافیہ، آسما اور یاسمین نامی خواتین سمیت فالسے کے کھیت میں کام کررہی تھیں اور وہاں آسیہ بھی موجود تھی۔ پانی پینے کے معاملے پر معافیہ اور آسما نے آسیہ سے کہا کہ وہ اس کے ہاتھوں کا پانی نہیں پی سکتیں جس پر آسیہ نے توہین آمیز الفاظ استعمال کئے۔

  
  

  3۔ معافیہ اور آسما نے یہ بات اپنی معلمہ کو بتائی، جس نے اپنے شوہر قاری سلام سے کہا اور اس نے ایک پنچایت بلا کر آسیہ سے توہین رسالت کا اقرار کروا لیا۔

  
  

  4۔ واقعے کے پانچ دن بعد ایف آئی آر کٹوائی گئی، پولیس نے ابتدائی تفتیش کے بعد 295 سی کے تحت پرچہ کاٹا، جونئیر عدالت سے موت کی سزا سنا دی گئی اور اس پر ہائی کورٹ میں اپیل دائر ہوئی جو کہ مسترد ہوگئی۔

  
  

  5۔ سپریم کورٹ میں جب اپیل دائر کی گئی تو تمام گواہان کے بیانات طلب کئے گئے۔ استغاثہ کی تیسری گوہ یاسمین اپنے بیان سے منحرف ہوگئی اور اس نے کہا کہ اس کے سامنے آسیہ نے کوئی توہین نہیں کی۔

  
  

  6۔ کھیتوں میں 30 سے 35 دوسری عورتیں موجود تھیں، سب اس جھگڑے کی گواہ تھیں لیکن ان میں سے کسی نے آسیہ کو توہین کرتے نہیں سنا۔

  
  

  6۔ گواہان کے بیانات میں تضاد کا عالم یہ تھا کہ ہر کسی نے پنچایت کی جگہ کا نام غلط بتایا۔ معافیہ نے کہا کہ پنچایت اس کے والد کے گھر پر ہوئی جبکہ آسما کے مطابق پنچایت اس کے پڑوسی رانا رزاق کے گھر پر ہوئی۔ رانا رزاق معافیہ کا والد نہیں ہے۔ ایک چوتھے گواہ کا کہنا ہے کہ یہ پنچایت مختار نامی شخص کے گھر پر ہوئی اور مزے کی بات یہ ہے کہ مدعی قاری نے بھی اپنے بیان میں مختار کا نام بعد میں شامل کیا۔ یعنی جس پنچایت کی بنیاد پر یہ مقدمہ کھڑا ہوا کہ اس پنچایت میں آسیہ نے اپنے جرم کا اقرار کیا، اس پنچایت کی جگہ کے بارے میں ہر گواہ نے غلط بتایا۔

  
  

  7۔ گواہان کے بیان کے مطابق یہ پنچایت پانچ مرلے کے گھر میں ہوئی، کسی نے کہا کہ سو لوگ شریک تھے، کسی نے کہا دو سو سے تین سو لوگ۔ بعد میں گواہان نے دوبارہ بیان ریکارڈ کروا کر اس تعداد کو ایک ہزار سے زائد کردیا جس سے پنچایت کے منعقد ہونے کا سارا معاملہ ہی مشکوک ہوگیا۔ پانچ مرلے میں ایک ہزار لوگوں کی پنچایت کا تصور ہی محال ہے۔ تعداد کو زیادہ اس لئے بتایا گیا تاکہ اس میں شامل لوگوں کے نام نہ بتائے جاسکیں کیونکہ اگر تعداد کم ہوتی تو پوچھا جاتا کہ اس پنچایت میں شریک لوگوں کو گواہ کے طور پر بلائیں لیکن چار کے علاوہ کوئی بھی گواہ استغاثے میں شریک نہ ہوا جو کہ اس پنچایت کا چشم دید گواہ ہوتا۔

  
  

  8۔ قانون کے مطابق 295 سی کے مقدمے کی تفتیش ایس پی رینک کا افسر کرسکتا ہے لیکن آسیہ بی بی کے مقدمے کی تفتیش ایک سب انسپکٹر نے کی، جو کہ قانون کی خلاف ورزی تھی۔

  
  

  9۔ سیشن کورٹ کے جج نے موت کی سزا اس لئے سنائی کی آسیہ بی بی کا مقدمہ لڑنے کیلئے کوئی وکیل تیار نہ تھا، ہائی کورٹ نے سزا اس لئے برقرار رکھی کہ اس ممتاز قادری جیسے واقعے سے سب ڈرتے تھے۔ ہر کسی کو اپنی جان کی فکر تھی، انصاف کی کسے پرواہ تھی؟

  
  

  10۔ ایک گواہ منحرف ہوگیا، تین گواہان کے بیانات آپس میں نہیں ملتے، مدعی قاری سلام کے اپنے بیانات میں تضاد ہے، کبھی وہ کہتا ہے کہ جب واقعہ پیش آیا وہ گاؤں سے باہر تھا، بعد میں کہا کہ وہ گاؤں میں ہی تھا۔ ۔ ۔ ۔

  
  

  ایک انسانی جان کا معاملہ ہے، وہ انسانی جان کہ جس کی حرمت کے ذمے داری قرآن اور نبی ﷺ نے ہم پر عائد کردی۔ اگر تو آسیہ نے توہین رسالت ﷺ کی تھی تو آپ تسلی رکھیں، اللہ کو اپنے نبی ﷺ کی عزت کا احساس ہم سے کہیں زیادہ ہے، وہ ان سب سے حساب لے گا جو توہین میں ملوث ہوئے، اگر ججوں نے غلط فیصلہ دیا ہے تو اللہ ان سے بھی نمٹ لے گا ۔ ۔ ۔ 

  
  

  لیکن اگر آسیہ نے توہین نہیں کی، اور اس بات کی تصدیق وہ اپنے بیان میں کرچکی ہے کہ اس نے بائبل پر حلف اٹھا کر الزام کی تردید کرنے کی آفر کی لیکن کوئی نہ مانا ۔ ۔ ۔ ۔ اگر آسیہ بے قصور ہوئی اور آپ اسے پھر بھی پھانسی پر چڑھانا چاہتے ہیں تو ایک انسانی جان آپ کی گردن پر ہوگی جس کا حساب قیامت والے دن دینا ہوگا۔

  
  

  اگر آپ توہین رسالت ﷺ کے قانون کا تحفظ چاہتے ہیں تو اسی قانون کے تحت عدالت کے فیصلے کو بھی عزت دیں، اگر آپ ایسا نہیں کرتے تو دفعہ 295 سی غیر مؤثر ہو کر رہ جائے گی ۔ ۔ ۔  آج آپ سپریم کورٹ کے فیصلے کے ساتھ کھڑے ہوں تاکہ کل کلاں کو اگر کوئی بدبخت واقعی توہین رسالت ﷺ کا مرتکب ہو تو اس کے خلاف تمام ثبوتوں کے ساتھ پراپر کاروائی ہوسکے ۔ ۔ ۔

  
  

  295 سی اگر بچانا ہے تو عدالتی فیصلہ ماننا ہوگا، ورنہ اس قانون کو غیر مؤثر کرنے والا کوئی اور نہیں بلکہ آپ خود ہوں گے!!!

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• More Details About this Book "Asia Bibi Blasphemy Full Decision"
• “I bear witness that there is no God worthy to be

  worshiped but Allah, and I bear witness that

  Muhammad is the Last Messenger of Allah”

  The Qalimah-e-Shahadat as shown above, is deemed to be

  the essence of Islam and the recitation of which makes us Muslims, is

  self explanatory and testifies that there is no God but Allah and our

  Prophet Muhammad ( صلى الله عليه وسلم) is the Last Messenger of Allah. It is our

  Criminal Appeal No.39-L of 2015 -: 2 :-

  declaration of faith in the unseen and belief, to bow down our heads

  before our Lord Allah, admitting the fact that there is none like Him.

  2. The sanctity of our Prophet Muhammad ( صلى الله عليه وسلم) is further

  evident from the Qalimah-e-Shahadat, as His name is being read

  together with Allah, thus ultimate care and great importance should be

  drawn while taking this Holy name. Tolerance is the basic principle of

  Islam. It is a religious and a moral duty and further relates to the dignity

  of human beings, the equality amongst all creations of Allah and also to

  the fundamental freedom of thought, conscience and belief. It does not

  mean compromise, lack of principles or lack of seriousness about one’s

  principles rather it means accepting the fact that human beings,

  naturally distinct in their appearance, situation, speech, behavior, and

  values, have the right to live in peace and to be as they are. Islam may

  tolerate anything but it teaches zero tolerance for injustice, oppression,

  and violation of the rights of other human beings the Quran speaks

  about, from the very beginning. Freedom of religion has been guaranteed

  by Islam. It prohibits coercion in matters of faith and belief.

  “There should be no compulsion in religion. Surely, the right way

  has become distinct from error.” [Al-Baqara (2:256)]

  Thus, as Muslims we are bound by this authoritative order and should

  act within the purview of such.

  3. As it is enunciated in the above verse of Allama Muhammad

  Iqbal, a well renowned activist and the ‘Spiritual Father of Pakistan’,

  from his poem Jawab-e-Shikwa, the veneration and adulation of Our

  Criminal Appeal No.39-L of 2015 -: 3 :-

  Beloved Holy Prophet ( صلى الله عليه وسلم) is evident and is reckoned as the

  foundational principle on which the religion - Islam is based. There is no

  denial whatsoever of the fact that Prophet Muhammad ( صلى الله عليه وسلم) holds the

  utmost respect, prestige and dignity amongst the Muslim Ummah and

  possesses the highest rank and status compared to all Creatures shaped

  by Allah Almighty, even the Messengers of Allah who came before him.

  His outstanding demonstration of extremely lofty moral values and

  personal highest exemplary role model bearing an overwhelming effect on

  the course of history, as acknowledged by foe and friend alike, rightly

  deserve and demand utmost respect and honour. His teachings have

  undoubtedly brought about the greatest effect in changing the minds,

  deeds and conducts of individuals and nations. His exceptional

  achievements have surpassed all predecessors in all respects.

  4. The unlimited and unparalleled love with Allah’s Messenger

  صلى الله عليه وسلم) ), is an integral part of a Muslim’s faith. In this connection the

  following Verses and Ahadith are very clear: -

  “Say, [O Muhammad], “If your fathers, your sons, your

  brothers, your wives, your relatives, wealth which you have

  obtained, commerce wherein you fear decline, and

  dwellings with which you are pleased are more beloved to

  you than Allah and His Messenger and jihad in His cause,

  then wait until Allah executes His command. And Allah

  does not guide the defiantly disobedient people”.” [At-

  Towbah (9:24)]

  By the star when it descends, Your companion

  [Muhammad] has not strayed, nor has he erred, Nor does

  he speak from [his own] inclination. It is not but a

  revelation revealed, [An-Najm (53:1-4)]

  Narrated Abu Hurairah (R.A): “Allah’s Apostle ( (صلى الله عليه وسلم

  said, “By Him in Whose Hands my life is, none of you will

  Criminal Appeal No.39-L of 2015 -: 4 :-

  have faith till he loves me more than his father and his

  children.”

  Narrated Anas (RA): The Prophet ( صلى الله عليه وسلم) said “None of

  you will have faith till he loves me more than his father, his

  children and all mankind”.

  5. This love has to manifest itself in complete unconditional

  obedience to follow the footsteps of the Holy Prophet ( صلى الله عليه وسلم) as is

  manifested from the following Verses:

  “Say, [O Muhammad], “If you should love Allah, then follow

  me, [so] Allah will love you and forgive you your sins. And

  Allah is Forgiving and Merciful”.” [Ali’Imran (3:31)]

  But no, by your Lord, they will not [truly] believe until they

  make you, [O Muhammad], judge concerning that over which

  they dispute among themselves and then find within themselves

  no discomfort from what you have judged and submit in [full,

  willing] submission. [An-Nisa (4:65)].

  It is not for a believing man or a believing woman, when Allah

  and His Messenger have decided a matter, that they should

  [thereafter] have any choice about their affair. And whoever

  disobeys Allah and His Messenger has certainly strayed into

  clear error. [Al-Ahzab (33:36)]

  6. The commendable charisma and personality of our Holy

  Prophet ( صلى الله عليه وسلم) serves as a role model for all Muslims, in clear terms, as

  mentioned in the following Verses:

  “Certainly, you have in Allah’s Messenger an excellent

  example (role-model) to follow, for whoever looks forward to

  Allah and the last day and remembers Allah abundantly.” [Al-

  Ahzab (33:21)]

  And when you, [O Muhammad], do not bring them a sign, they

  say, "Why have you not contrived it?" Say, "I only follow what

  is revealed to me from my Lord. This [Qur'an] is enlightenment

  Criminal Appeal No.39-L of 2015 -: 5 :-

  from your Lord and guidance and mercy for a people who

  believe." [Al-A’raf (7:203)].

  And indeed, for you is a reward uninterrupted. And indeed, you

  are of a great moral character. [Al-Qalam (68:3-4)]

  And We have not sent you, [O Muhammad], except as a mercy

  to the worlds. [Al-Anbya (21:107)]

  7. The Holy Qur’an has unequivocally described the glorification

  and exaltation of Holy Prophet ( صلى الله عليه وسلم) and has ordered Muslims to strictly

  observe maximum respect and be extremely careful in this regard, to the

  extent of using most appropriate words and even lowering their voices,

  failing to do will render all their good deeds in vain, as mentioned in the

  following Verse.

  Among the Jews are those who distort words from their

  [proper] usages and say, "We hear and disobey" and "Hear

  but be not heard" and "Ra'ina" ( راعنا ) twisting their tongues

  and defaming the religion. And if they had said [instead],

  "We hear and obey" and "Wait for us [to understand]," it

  would have been better for them and more suitable. But Allah

  has cursed them for their disbelief, so they believe not, except

  for a few. [An-Nisa (4:46)]

  “O ye who believe! raise not your voices above the voice of

  the Prophet ( صلى الله عليه وسلم), nor shout when speaking to him as you

  shout one to another, lest your deeds be rendered vain while

  you perceive not.” [Al-Hujurat (4:46)]

  Ibn Tamiyyah, while explaining this verse writes, “In this Verse the

  believers have been prohibited from raising their voices over the voice of

  the Prophet ( صلى الله عليه وسلم) so that their loud voice before the Prophet ( صلى الله عليه وسلم) may

  render their good deeds as vain while they will not understand it”.

  Allah Almighty declared the enemy of Prophet Muhammad ( صلى الله عليه وسلم) as

  the enemy of Allah and ordained that, in this temporary world and also

  in the eternal life hereinafter, there is a punishment of highest degree for

  Criminal Appeal No.39-L of 2015 -: 6 :-

  those who disbelieves or disrespects him. For reference, some of the

  Verses are mentioned hereinbelow:

  “Ask forgiveness for them, [O Muhammad], or do not ask

  forgiveness for them. If you should ask forgiveness for them

  seventy times - never will Allah forgive them. That is because

  they disbelieved in Allah and His Messenger, and Allah does

  not guide the defiantly disobedient people”. [At-Tawbah

  (9:80)]

  “And thus, have We made for every prophet an enemy from

  among the criminals. But sufficient is your Lord as a guide

  and a helper”. [Al-Furqan (25:31)]

  “Have you not considered those who were forbidden from

  private conversation, then they return to that which they were

  forbidden and converse among themselves about sin and

  aggression and disobedience to the Messenger? And when

  they come to you, they greet you with that [word] by which

  Allah does not greet you and say among themselves, "Why

  does Allah not punish us for what we say?" Sufficient for them

  is Hell, which they will [enter to] burn, and wretched is the

  destination.” [Al-Mujadila (58:8)]

  “May the hands of Abu Lahab be ruined, and ruined is he. His

  wealth will not avail him or that which he gained. He will

  [enter to] burn in a Fire of [blazing] flame. And his wife [as

  well] - the carrier of firewood. Around her neck is a rope of

  [twisted] fiber.” [Al-Masad (111:1-5)]

  “How wretched is that for which they sold themselves - that

  they would disbelieve in what Allah has revealed through

  [their] outrage that Allah would send down His favor upon

  whom He wills from among His servants. So, they returned

  having [earned] wrath upon wrath. And for the disbelievers is

  a humiliating punishment.” [Al-Baqarah (2:90)]

  “Indeed, those who disbelieve in Allah and His messengers

  and wish to discriminate between Allah and His messengers

  and say, "We believe in some and disbelieve in others," and

  wish to adopt a way in between - Those are the disbelievers,

  Criminal Appeal No.39-L of 2015 -: 7 :-

  truly. And We have prepared for the disbelievers a humiliating

  punishment.” [An-Nisa (4:150-151)]

  “Lo! Those who malign Allah and his Messenger, Allah hath

  cursed them in the world and the Hereafter, and hath

  prepared for them the doom of the disdained”. [Al-Ahzab

  (33:57)]

  Explaining this Verse Allama Qurtubi writes:

  “Everything which becomes a means of malignity ( اذی ) of the

  Holy Prophet ( صلى الله عليه وسلم) whether by quoting words bearing

  different meanings or similar actions comes under his

  malignity. ( الجامع الاحکام القرآن ) Quran, Vol.XIV, page 238).”

  Allama Ismail Haqqi while explaining this Verse writes:

  “…..the malignity of Allah and his Prophet ( صلى الله عليه وسلم) is meant

  only the malignity of the Prophet ( صلى الله عليه وسلم) in fact, and mention

  of Allah (SWT) is only for glorification and exaltation to

  disclose that the malignity of the Prophet ( صلى الله عليه وسلم) is indeed the

  malignity of Allah (SWT).”

  The other Verses read as follow: -

  “And of them are those who vex the Prophet ( صلى الله عليه وسلم) and say:

  He is only a hearer. Say: A hearer of good for your, who

  believeth in Allah (SWT) and is true to the believers, and a

  mercy for such of you as believe. Those who vex the

  Messenger of Allah, for them there is a painful doom.”

  “They swear by Allah to you (Muslims) to please you, but

  Allah, with His Messenger, hath more right that they should

  please him if they are believers.” [Al-Tawbah (9:61-62)].

  Ibn Taimiyyah while explaining these Verses writes: “Verse No. 62

  denotes that the malignity of the Prophet ( صلى الله عليه وسلم) is the opposition of Allah

  and His Prophet”. ( الصارم المسلول , pages 20, 21).

  These Verses are linked with Verse 20 of Sura Al-Mujadila which is as

  under: -

  Criminal Appeal No.39-L of 2015 -: 8 :-

  “Lo! those who oppose Allah and His messenger, they will be

  among the lowest.” [Al-Mujadila (58:20)].

  Thus, all of these Verses of the Holy Qur’an, mention in clear terms, that

  these abusers and contemners of the Prophet are actually the opponents

  of Allah and His Prophet ( صلى الله عليه وسلم) about whom the Qur’an says:

  “When thy Lord inspired the angels, (saying) I am with you.

  So, make those who believe stand firm. I will throw fear into

  the hearts of those who disbelieve. Then smite their necks and

  smite of them each finger.” [Al-Anfal (8:12)]

  “That is because they opposed Allah and His messenger.

  Whoso Opposeth Allah and His messenger, (for him) Lo!

  Allah is severe in punishment.” [Al-Anfal (8:13)]

  “And if Allah had not decreed migration for them. He verily

  would have punished them in this world, and theirs in the

  Hereafter is the punishment of the Fire.” [Al-Hashar (59:3)]

  “That is because they were opposed to Allah and His

  messenger; and whoso is opposed to Allah (for him) verily

  Allah is stern in reprisal.” [Al-Hashar (59:4)]

  8. These Verses clearly prescribe the severe punishment of

  death for the opponents of Allah and his Prophet ( صلى الله عليه وسلم), who include

  contemners of the Prophet ( صلى الله عليه وسلم). Thus, no one by words - either spoken

  or written - directly or indirectly, is allowed to disobey, disregard and

  rebel against the Holy name of Prophet Muhammad ( صلى الله عليه وسلم) and if found

  guilty of disrespecting the name they are liable to be punished. History

  has remained a witness itself to the incidents pertaining to any attempts

  of defiance made in the name of our Beloved Holy Prophet ( صلى الله عليه وسلم). The

  Muslim communities that exist around the globe have always acted

  against any such act of contempt and have openly reacted to such,

  followed by serious repercussions. That is why anything which in any

  Criminal Appeal No.39-L of 2015 -: 9 :-

  way attacks any aspect of his sacred life, infuriates Muslims to an

  intolerable limit, resulting in extremely serious law and order situation,

  with grievous, disastrous consequences. That is why Section 295-C had

  to be enacted to bring such contemners before the Court of Law.

  9. Reference may be made to an incident which occurred in

  1923, when one said person, Rajpal, published a pamphlet/book

  containing derogatory remarks against Prophet Muhammad ( صلى الله عليه وسلم). A

  movement was launched by the Muslims of the sub-continent demanding

  a ban on the book. As a result, in 1927 the British Government was

  forced to enact a law prohibiting insults aimed at founders and leaders of

  religious communities, as such, section 295-A was inserted in the

  Pakistan Penal Code in the year 1927. However, the Muslims were not

  satisfied with it and one Ghazi Ilm-ud-Din Shaheed succeeded in

  murdering Rajpal. After the trial, Ilm-ud-Din was convicted and was

  given death penalty. He is considered by the Muslims to be a great lover

  of the Prophet (PBUH).

  10. After the independence, to ensure that no attempt could be

  made to defy the Prophet Muhammad ( صلى الله عليه وسلم), a new provision was

  introduced in Pakistan Penal Code, 1860 (PPC), which reads as under: -

  “295-C. Use of derogatory remarks, etc., in respect of the

  Holy Prophet: Whoever by words, either spoken or written, or

  by visible representation or by any imputation, innuendo, or

  insinuation, directly or indirectly, defiles the sacred name of

  the Holy Prophet Muhammad (peace be upon him) shall be

  punished with death, or imprisonment for life, and shall also

  be liable to fine.”

  As per this provision, the act of blasphemy was made culpable and the

  sentence provided was either death or imprisonment for life along with a

  Criminal Appeal No.39-L of 2015 -: 10 :-

  fine. The validity of this provision was considered by the Federal Shariat

  Court in the case titled as Muhammad Ismail Qureshi Vs. Pakistan

  through Secretary, Law and Parliamentary Affairs (PLD 1991 FSC 10)

  wherein the Court ruled that Section 295-C of PPC was repugnant to the

  fundamental principles of Islam to the extent that it provided for the

  punishment of life imprisonment which acted as an alternative to a death

  sentence. It was held that the penalty for contempt of the Holy Prophet

  صلى الله عليه وسلم) ) is death. It was further held that if the President of the Islamic

  Republic of Pakistan did not take any action to amend the law before 30th

  April, 1991, then Section 295-C would stand amended by the said ruling.

  An appeal was filed before the Shariat Appellate Bench of this Court,

  which was dismissed for want of prosecution.

  11. As mentioned above, Muslims all over the world have

  immense love, admiration and affection for Prophet Muhammad ( (صلى الله عليه وسلم

  more than their own lives or the lives of their parents and children. No

  one could be allowed to defy the name of the Holy Prophet Muhammad

  صلى الله عليه وسلم) ) nor could a person guilty of disrespecting the Holy Prophet ( صلى الله عليه وسلم) be

  let off scot-free. Even the Government has always made efforts at the

  national and international level to eliminate instances of blasphemy of

  the Holy Prophet ( صلى الله عليه وسلم). For instance, in March 2009, our government

  presented a resolution to the United Nations Human Rights Council in

  Geneva condemning “defamation of religion” as a human rights violation,

  which called upon the world to formulate laws against the defamation of

  religion. The resolution was adopted on 26.3.2009 despite wide concerns

  that it could be used to justify restrictions on free speech in Muslim

  countries. The efforts of our government succeeded in imposing global

  limitations against any attempt to defy a religion or belief, on the basis of

  Criminal Appeal No.39-L of 2015 -: 11 :-

  freedom of expression. The social media website “Facebook” was blocked

  as it promoted and hosted a page called as “Everybody draw Muhammad

  Day”. This was another attempt made by the authorities to stop these

  malicious and vexatious attempts to sabotage the Holy name. The ban

  was lifted when Facebook prevented access to the said page. In June

  2010, seventeen websites were banned for hosting content which were

  offensive and demeaning to Muslims. Since then the authorities have

  been monitoring the content of various websites including Google, Yahoo,

  YouTube, Amazon, MSN, Hotmail and Bing and all social media websites

  which are used globally and have a direct impact on people.

  12. As noted above, no one could be allowed to defy the name of

  the Holy Prophet Muhammad ( صلى الله عليه وسلم) and be left unpunished, but there is

  another aspect of the matter; sometimes, to fulfill nefarious designs the

  law is misused by individuals leveling false allegations of blasphemy.

  Stately, since 1990, 62 people have been murdered as a result of

  blasphemy allegations, even before their trial could be conducted in

  accordance with law. Even prominent figures, who stressed the fact that

  the blasphemy laws have been misused by some individuals, met with

  serious repercussions. A latest example of misuse of this law was the

  murder of Mashal Khan, a student of Abdul Wali Khan University,

  Mardan, who in April 2017 was killed by a mob in the premises of the

  university merely due to an allegation that he posted blasphemous

  content online.

  13. Reference may also be made to the case of one Ayub Masih,

  who was accused of blasphemy by his neighbour Muhammad Akram.

  The alleged occurrence took place on 14th October 1996, the accused was

  arrested, but despite the arrest, houses of Christians were set ablaze and

  Criminal Appeal No.39-L of 2015 -: 12 :-

  the entire Christian population of the village (fourteen families) were

  forced to leave the village. Ayub was shot and injured in the Sessions

  Court and was also further attacked in jail. After the trial was concluded,

  Ayub was convicted and sentenced to death, which was upheld by the

  High Court. However, in an appeal before this Court, it was observed that

  the complainant wanted to grab the plot on which Ayub Masih and his

  father were residing and after implicating him in the said case, he

  managed to grab the seven-marla plot. The appeal was accepted by this

  Court and the conviction was set aside.

  14. At this jucture, it is to be noted that Islam as stipulated in

  Holy Book “Quran” teaches us, amongst many other virtues, to live in

  peace and harmony, with compassion and love to our other fellow human

  beings. It is the masterpiece of guidance and knowledge bestowed upon

  us by the Allah Almighty, which cannot be modified in any way

  whatsoever, thus being the final book. The commandments of Allah are

  entrenched in the Quran which provides for a complete way of life and

  teaches us the concept of tolerance. It is however to be kept in mind that

  unless proven guilty, through a fair trial, as provided for in the

  Constitution and the law, every person is considered innocent,

  irrespective of their creed, caste and colour. The Holy Quran has

  mentioned in clear terms that:-

  “….. he who slays a soul unless it be (in punishment) for

  murder or for spreading mischief on earth shall be as if he

  had slain all mankind; and he who saves a life shall be as if

  he had given life to all mankind. ……”. [Al-Ma’idah

  (5:32)]

  Moreover, it is also pertinent to mention that awarding a sentence is the

  duty of the State and no one else has the authority to take law into his

  hands and punish anyone on his own. After allegations regarding

  Criminal Appeal No.39-L of 2015 -: 13 :-

  contempt etc., a fair opportunity for offering defence before a competent

  court, has to be provided so that proper justice is done. This will

  eliminate the chances of false allegations prompted by ulterior motives,

  as has been done in several cases in the past.

  15. It is worth mentioning that it is a matter of great pride and

  satisfaction that we are governed by a written Constitution and Statutory

  Laws. The Constitution, as per Article 4 thereof mandates that “to enjoy

  the protection of law and to be treated in accordance with the law is an

  inalienable right of every citizen, wherever he may be, and of every other

  person for the time being within Pakistan. In particular (a) no action

  detrimental to the life, liberty, body, reputation or property of any person

  shall be taken except in accordance with law (b) no person shall be

  prevented from or be hindered in doing that which is not prohibited by

  law; and no person shall be compelled to do that which the law does not

  require him to do”. As per Article 37 of the Constitution, it is the duty of

  the State to ensure that justice is dispensed inexpensively and

  expeditiously to the People of Pakistan. As per Article 175(2) of the

  Constitution, “no court shall have any jurisdiction save as is or may be

  conferred on it by the Constitution or by or under any law”. Section 28

  of the Criminal Procedure Code, 1898 (Cr.P.C.) provides that subject to

  the other provisions of the said Code, any offence under the Pakistan

  Penal Code may be tried (a) by the High Court, or (b) by the Court of

  Sessions, or (c) by any other Court by which such offence is shown in the

  eighth column of the Second Schedule to be triable. Thus, under the

  authority and command of the Constitution and the Law, it is the duty of

  the State to ensure that no incident of blasphemy shall take place in the

  country. In case of the commission of such crime, only the State has the

  authority to bring the machinery of law into operation, bringing the

  Criminal Appeal No.39-L of 2015 -: 14 :-

  accused before a Court of competent jurisdiction for trial in accordance

  with law. However, it is not for the individuals, or a gathering (mob), to

  decide as to whether any act falling within the purview of Section 295-C

  has been committed or not, because as stated earlier, it is the mandate

  of the Court to make such decision after conducting a fully qualified trial

  and on the basis of credible evidence brought before it. No such parallel

  authority could in any circumstances be bestowed upon any individual

  or a group of persons. For this reason, this Court has held that the

  “Commission of blasphemy is abhorrent and immoral besides being a

  manifestation of intolerance but at the same time a false allegation

  regarding commission of such an offence is equally detestable besides

  being culpable. If our religion of Islam comes down heavily upon

  commission of blasphemy then Islam is also very tough against those who

  level false allegations of a crime. It is, therefore, for the State of the Islamic

  Republic of Pakistan to ensure that no innocent person is compelled or

  constrained to face an investigation or a trial on the basis of false or

  trumped up allegations regarding commission of such an offence.” [see:

  Malik Muhammad Mumtaz Qadri Vs. the State (PLD 2016 SC 17)]

  16. In this backdrop, we shall now consider the facts of the

  instant case. This matter has genesis in a criminal case, which has

  emanated from FIR No.326 dated 19.06.2009 under Section 295-C

  P.P.C., registered at Police Station Sadar Nankana Sahib, by one Qari

  Muhammad Salaam (PW.1) stating therein that on 14.6.2009, the

  appellant Mst. Asia Bibi, belonging to Christian community of the village,

  along with other Muslim ladies, including Mafia Bibi (PW.2), Asma Bibi

  (PW.3) and Yasmin Bibi (given up PW), was plucking Falsa

  (Grewia/purple berry), in the field belonging to one Muhammad Idrees

  (CW.1) where the appellant uttered derogatory remarks against the Holy

  Criminal Appeal No.39-L of 2015 -: 15 :-

  Prophet Hazrat Muhammad ( صلى الله عليه وسلم). The said PWs narrated the matter to

  the complainant/Qari Muhammad Salaam, who on 19.6.2009, called the

  appellant in a public meeting and inquired about the occurrence, where

  the appellant confessed her guilt. Thereafter, Qari Muhammad Salaam

  lodged the complaint before police and consequently the FIR was

  registered.

  17. Before proceeding further, it may be pertinent to signify that

  the alleged incident, being a heinous crime and involving religious

  sentiments, attracted the media, both electronic and print, and generated

  both grief and rage in the public at large.

  18. On account of the investigation, the appellant was indicted

  in the matter; she was arrested and challaned by the police and charged

  by the learned Addl. Sessions Judge, Nankana Sahib with the offence

  under Section 295-C of PPC.

  19. During the course of the trial the prosecution examined as

  many as seven witnesses, including Qari Muhammad

  Salaam/complainant (PW.1), two eye witnesses of the occurrence i.e.

  Mafia Bibi (PW.2) and Asma Bibi (PW.3), a witness of extra judicial

  confession Muhammad Afzal (PW.4) and three police witnesses (PW.5 to

  7). Whereas, (PW’s) Yasmin Bibi and Mukhtar Ahmad were given up and

  the prosecution evidence was closed. However, Muhammad Idrees, the

  owner of the fields was examined as Court witness (CW-l).

  20. The appellant had her statement recorded under Section 342

  Cr.P.C. wherein she categorically denied the allegations made against

  her. Further to that, it was also stated that her involvement in this case

  is being maliciously framed by the eye witnesses due to a quarrel arising

  out of the fetching of water which escalated the situation and led to the

  Criminal Appeal No.39-L of 2015 -: 16 :-

  exchange of heated words between her and the said ladies. However,

  neither the appellant appeared as her own witness to record statement

  on oath under Section 340 (2) Cr.P.C. nor did she opt to lead any defence

  evidence.

  21. After the conclusion of the trial, the learned trial Court vide

  impugned judgment dated 08.11.2010, convicted the appellant under

  Section 295-C and sentenced her to death with a fine of Rs.100,000/-

  and in default whereof, to further undergo six months’ SI. The Capital

  Sentence Reference No.614 of 2010 (wrongly mentioned as Murder

  Reference) was forwarded under Section 374 Cr.P.C. by the trial Court to

  the learned High Court for confirmation or otherwise of the sentence of

  death, whereas, the appellant challenged her conviction/sentence

  through Criminal Appeal No.2509 of 2010.

  22. The learned High Court heard the appeal as well as the

  reference and vide the impugned judgment, dismissed the appeal of the

  appellant and answered the Reference in the affirmative, consequently

  the death sentence awarded to the appellant Mst. Asia Bibi was

  confirmed. Being aggrieved, the appellant has filed this appeal with the

  leave of the Court granted vide order dated 22.7.2015, inter alia, to

  consider and appreciate the evidence on the record.

  23. At the outset it was pointed out by the learned counsel for

  the complainant that at the time the instant appeal is barred by 11 days,

  as such, liable to be dismissed on this score alone. In this regard it is to

  be noted that when the instant appeal (petition) was filed, the appellant

  was in jail and confined to death cell. In the instant case, as the

  appellant has been sentenced to death, we deem it appropriate to

  reappraise the evidence to ensure that the conviction and sentence

  recorded against her had been validly recorded. Besides, the matter of

  Criminal Appeal No.39-L of 2015 -: 17 :-

  life and death of a lady is involved, therefore, the appeal should not be

  dismissed on mere technicalities. In this view of the matter, the delay in

  the filing of the appeal is condoned.

  24. It is the case of the appellant that on the fateful day an

  altercation took place between the appellant and both the eye witnesses,

  namely Mafia Bibi (PW.2) and Asma Bibi (PW.3) in the vicinity of the field

  owned by Muhammad Idrees (CW.1), over the fetching of water which

  was offered by the appellant. However, the offer was refused, and it was

  said that because she is a Christian they would never take water from

  her hand. Over this, a heated argument took place with the exchange of

  some bitter words between them and as a result of this disagreement,

  those ladies, in connivance with the complainant, Qari Muhammad

  Salaam, ignited the situation and wrongly implicated her (the appellant)

  in this case. Furthermore, the alleged extra-judicial confession was not

  voluntary but rather resulted out of coercion and undue pressure as the

  appellant was forcibly brought before the complainant in presence of a

  gathering, who were threatening to kill her; as such, it cannot be made

  the basis of a conviction. There is an inordinate delay of about five days

  in lodging of the FIR which casts a serious doubt and shadow about the

  probity of the witnesses, and in fact, after the deliberations, a false story

  was concocted by the witnesses and reported to the police. Even

  otherwise, the complaint submitted to the police was drafted by an

  Advocate. The appellant, in her statement recorded u/s 342 Cr.P.C,

  expressed her full respect to the Holy Prophet ( صلى الله عليه وسلم) and the Holy Quran

  and she offered to take an oath on the Bible to the Investigation Officer

  (IO) to prove her innocence which was refused by the IO. Therefore, the

  appellant being innocent deserves acquittal. Further, no prior permission

  Criminal Appeal No.39-L of 2015 -: 18 :-

  of the Central/Provincial Government was obtained before the

  registration of the FIR.

  25. First of all, we shall consider the validity of the proceedings

  in absence of a permission from the concerned Government. In this

  regard it is to be noted that under Section 196 of the Cr.P.C., no Court

  could take cognizance of any offence punishable under Section 295-A,

  P.P.C. unless the complaint was made by the order of or under authority

  from Central or Provincial Government or some officer empowered in that

  behalf by either of the two governments, but there was no requirement

  under the said Section for taking cognizance of the offence under Section

  295-C of PPC. Besides, it was contended by the learned counsel for the

  petitioner that as per Section 156-A of Cr.P.C., in a case involving the

  commission of offence under Section 295-C PPC, no officer below the

  rank of a Superintendent of Police is authorized to investigate in to the

  matter. In the instant case, as is evident from its statement, the

  investigation was entrusted to Muhammad Arshad, SI (PW-7), who

  recorded the statement of witnesses under Section 161 of Cr.P.C.,

  prepared the site plan and also arrested the accused. Therefore, a

  violation of Section 156-A of Cr.P.C had been committed. In this regard it

  is to be noted that though initially the investigation was assigned to a

  Sub-Inspector, but later on vide letter dated 26.6.2009 the same

  (investigation) was transferred to one Muhammad Amin Bukhari, SP

  (Investigation), Sheikupura who completed the same, therefore, the

  defect, if any, stood cured.

  26. It has been advocated by the respondent’s side that the

  appellant has committed a heinous offence which has offended the

  feelings of Muslims; therefore, she does not deserve any leniency by this

  Court. The explanation given to the court pertaining to the delay of 5

  Criminal Appeal No.39-L of 2015 -: 19 :-

  days in lodging of the FIR was said to be based on the significance and

  the gravity of the situation. The allegations made were of serious nature

  which required a proper scrutiny and had to be first verified by the

  complainant himself after which the matter was reported to the Police.

  Both the eye witnesses, in whose presence the derogatory remarks were

  passed by the appellant, have not been cross-examined on the decisive

  and pivotal aspect of the case i.e. blasphemy. Therefore, the learned trial

  court has rightly convicted and sentenced the appellant.

  27. Heard the learned counsel for the appellant, the learned

  Additional Prosecutor General as well as the learned counsel for the

  complainant and the record has been perused with their able assistance.

  28. The entirety of the prosecution case revolved around the

  statement of two ladies, namely, Mafia Bibi (PW.2) and Asma Bibi (PW.3)

  and the extra-judicial confession of appellant. The said (PW’s) stated that

  the appellant, in the presence of other Muslim ladies, passed derogatory

  remarks against the Prophet Muhammad ( صلى الله عليه وسلم). It is pertinent to mention

  here that admittedly, as is evident from the contents of the FIR and also

  the statements of the witnesses, there were 25-30 ladies present at the

  spot when the appellant allegedly passed blasphemous remarks against

  the Prophet Muhammad ( صلى الله عليه وسلم), however, none of the other ladies except

  Mafia Bibi (PW.2) and Asma Bibi (PW.3) reported the matter to anyone.

  At this stage, it is to be noted that the said ladies did not appear before

  the Court to support the prosecution case. One of the other ladies, i.e.

  Yasmin Bibi (given up PW), though was initially included in the list of

  witnesses, yet was not produced in the witness box and was given up.

  This creates doubt regarding the prosecution story, however, a thorough

  analysis of the statements of all the essential witnesses is required in

  Criminal Appeal No.39-L of 2015 -: 20 :-

  order to reach towards a just and proper conclusion, which shall be

  made at the later stage. Whereas, as is apparent from the statement of

  the appellant recorded under Section 342 Cr.P.C., she negated the

  allegations in the following terms: -

  “I am a married woman having two daughters. My husband is

  a poor labourer. I used to pluck Falsa from the fields of

  Muhammad Idrees along with a number of other ladies on the

  basis of daily wages. On the alleged day of occurrence, I

  along with number of ladies were working in the fields. Both

  the ladies Mst. Mafia Bibi and Mst. Asma Bibi PWs quarreled

  with me over fetching water which was offered by me to bring

  for them, but they refused saying that since I am Christian,

  they will never take water from my hand. Over this the quarrel

  ensued and some hot words were exchanged between me and

  the PWs ladies. The PWs then approached Qari Saalam

  complainant through his wife who remained teaching the both

  ladies, hence, the PWs were conspiring with Qari Saalam got

  a false, fabricated and fictitious case against me. I offered my

  oath to police on Bible that I had never passed such

  derogatory and shameful remarks against the Holy Prophet

  (PBUH) and the Holy Quran. I have great respect and honour

  to the Holy Prophet (PBUH) as well as Holy Quran and since

  police had conspired with the complainant, so, the police have

  falsely booked me in this case. The PWs are real sisters and

  interested to unfaithfully involve me in this case as they both

  felt disgrace and dishonour on the basis of altercation and

  hard words extended to them. Qari Saalam, the complainant

  is also an interested person and both the ladies remained

  teaching Holy Quran from his wife. My forefathers are living

  in this village since the creation of Pakistan. I am also about

  40 years old and since the alleged occurrence, no complaint

  of such nature has ever accrued. I am a Christian and I live in

  the village, so, being ignorant of any Islamic thought, how can

  I use such clumsy and derogatory remarks against the beloved

  Prophet (PBUH) of Allah and the Divine book viz. Holy

  Quran. (PW) Idrees is also an interested witness who has

  close family links with their above said ladies.”

  Criminal Appeal No.39-L of 2015 -: 21 :-

  29. There is no denial of the fact that the FIR was registered with

  a delay of 5 days. The only explanation given by the complainant for

  such an inordinate delay is that the occurrence took place on 14.6.2009

  but the same was brought to his knowledge by Mafia Bibi (PW.2), Asma

  Bibi (PW.3) and Yasmin Bibi (given up PW) on 16.6.2009; during the

  period from 16.6.2009 to 19.6.2009 he as well as other people of the area

  kept on investigating the matter and after being satisfied that the

  occurrence had taken place, they reported the matter to the police for

  registration of the FIR. In this regard reference has been made by the

  learned counsel for the complainant on the judgments of this Court

  reported as Zar Bahadar Vs. the State (1978 SCMR 136) and Sheraz

  Asghar Vs. the State (1995 SCMR 1365) to contend that the delay in

  registration of a FIR is not per se fatal in all the cases as it never washes

  away nor torpedoes trustworthy and reliable ocular and circumstantial

  evidence. There is no cavil to the proposition, however, it is to be noted

  that in absence of any plausible explanation, this Court has always

  considered the delay in lodging of FIR to be fatal and castes a suspicion

  on the prosecution story, extending the benefit of doubt to the accused.

  It has been held by this Court that a FIR is always treated as a

  cornerstone of the prosecution case to establish guilt against those

  involved in a crime; thus, it has a significant role to play. If there is any

  delay in lodging of a FIR and commencement of investigation, it gives rise

  to a doubt, which, of course, cannot be extended to anyone else except to

  the accused. Furthermore, FIR lodged after conducting an inquiry loses

  its evidentiary value. [see: Iftikhar Hussain and others Vs. The State

  (2004 SCMR 1185)] Reliance in this behalf may also be made to the case

  titled as Zeeshan @ Shani Vs. The State (2012 SCMR 428) wherein it

  was held that delay of more than one hour in lodging the FIR give rise to

  the inference that occurrence did not take place in the manner projected

  Criminal Appeal No.39-L of 2015 -: 22 :-

  by prosecution and time was consumed in making effort to give a

  coherent attire to prosecution case, which hardly proved successful.

  Such a delay is even more fatal when the police station, besides being

  connected with the scene of occurrence through a metaled road, was at a

  distance of 11 kilometers from the latter. In the case titled as Noor

  Muhammad Vs. The State (2010 SCMR 97) it was held that when the

  prosecution could not furnish any plausible explanation for the delay of

  twelve hours in lodging the FIR, which time appeared to have been spent

  in consultation and preparation of the case, the same was fatal to the

  prosecution case. In the case titled as Muhammad Fiaz Khan Vs. Ajmer

  Khan (2010 SCMR 105) it was held that when complaint is filed after a

  considerable delay, which was not explained by complainant then in

  such situation it raises suspicion as to its truthfulness. Thus, we are of

  the view that in the facts and circumstances of the case, the explanation

  given by the prosecution is not plausible. Another important aspect of

  the matter is that the complainant (PW-1) in his statement admitted that

  the application for registration of FIR was drafted by an Advocate;

  however, he could not mention his name. This also cast doubt on the

  truthfulness of the story narrated in the FIR.

  30. Further to that, there were many discrepancies/

  inconsistencies in the statements of the PWs; inasmuch as, the

  variations made by Mafia Bibi (PW.2) from her earlier statement recorded

  under Section 161 Cr.P.C. and when got confronted to her are: firstly,

  during her cross examination she stated that there were more than 1000

  people at the time of public gathering but this was not mentioned in her

  previous statement, secondly, during her cross examination she stated

  that the public gathering took place at the house of her father but it was

  not mentioned in her previous statement, thirdly, during her cross

  Criminal Appeal No.39-L of 2015 -: 23 :-

  examination she stated that many Ulemas were present at the public

  gathering but this was not mentioned in her previous statement.

  Likewise, Asma Bibi (PW.3) also deviated from her earlier statement

  recorded under Section 161 Cr.P.C. which are: firstly, during her cross

  examination she stated that the public gathering took place at the house

  of her neighbour Rana Razzaq, but this was not mentioned in her

  previous statement, secondly, during her cross examination she stated

  that there were more than 2000 people at the time of public gathering

  but this was not mentioned in her previous statement. Muhammad Afzal

  (PW.4) also made deviations from his earlier statement recorded under

  Section 161 Cr.P.C. which were confronted to him are: firstly, in his

  examination-in-chief he stated that he was present in his house when

  PW ladies along with the complainant and Mukhtar Ahmed came there

  and narrated the whole occurrence to him, but it was not mentioned

  previously; secondly, during his examination-in-chief he stated that the

  public gathering took place at the house of Mukhtar Ahmed, but this was

  not mentioned in his previous statement; thirdly, during his

  examination-in-chief he stated that the appellant was brought to the

  public gathering, but it was not mentioned in his previous statement.

  Qari Muhammad Salaam (complainant/PW.1) also transformed his

  earlier complaint submitted before the police for the registration of the

  FIR: firstly, during his examination-in-chief he stated that he was

  present in the village when Mafia Bibi (PW.2), Asma Bibi (PW.3) and

  Yasmin Bibi (given up PW) came to him and informed him of the

  occurrence, at that time Muhammad Afzal and Muhammad Mukhtar

  were also present there, however, in his complaint he stated that Mafia

  Bibi (PW.2), Asma Bibi (PW.3) and Yasmin Bibi (given up PW) and others

  informed him of the occurrence as well as informing the other people of

  the village; secondly, he further stated that the public gathering took

  Criminal Appeal No.39-L of 2015 -: 24 :-

  place at the house of Mukhtar Ahmed, but this was not mentioned in his

  complaint; thirdly, he stated that the appellant was brought to the public

  gathering, but it was not mentioned in his complaint. Thus, such

  inconsistent statements undermine the evidence of the prosecution.

  31. These material contradictions and inconsistent statements of

  the witnesses are tantamount to cast further doubts on the coherence of

  the evidence pertaining to the questions set out below; -

  a) Who informed the complainant about the occurrence

  of such;

  b) Who was present at the time of disclosure regarding

  the allegation made against the appellant;

  c) How many people were present at the time of the

  public gathering;

  d) Where did the public gathering took place;

  e) What was the distance between the place of the public

  gathering and the house of the appellant; and

  f) How and who brought the appellant to the public

  gathering;

  32. With regards to the first two issues, i.e. who informed the

  complainant about the occurrence and who was present at the time of

  such disclosure, it is to be noted that in the FIR, it has been vaguely

  mentioned that Asma Bibi (PW.3), Mafia Bibi (PW.2) and Yasmin Bibi

  (given up PW) brought the alleged occurrence to the notice of the

  complainant and other villagers. Whereas, Mafia Bibi (PW.2) in her

  examination-in-chief stated that she narrated the whole story to Qari

  Muhammad Salaam (complainant/PW.1) and others, however, during

  her cross-examination, she categorically mentioned that the matter was

  Criminal Appeal No.39-L of 2015 -: 25 :-

  reported to Qari Muhammad Salaam (complainant/PW.1) by her sister

  Asma Bibi (PW.3) who was a student of complainant’s wife on the evening

  of the same day i.e. 14.6.2009. Asma Bibi (PW.3) in her examination-inchief

  stated that she along with other PWs informed Qari Muhammad

  Salaam (complainant/PW.1) of the matter, and Muhammad Afzal and

  Mukhtar were also present there. Muhammad Afzal (PW.4) in his

  examination-in-chief stated that he was present in his house when Mafia

  Bibi (PW.2), Asma Bibi (PW.3) and Yasmin Bibi (given up PW) along with

  Qari Muhammad Salaam (complainant) and Mukhtar Ahmed came there

  and narrated the whole occurrence to him. Qari Muhammad Salaam

  (complainant/PW.1) in his examination-in-chief stated that he was

  present in his village when Asma Bibi (PW.3), Mafia Bibi (PW.2) and

  Yasmin Bibi (given up PW) came to him and informed him about the

  incident; at that time Muhammad Afzal and Muhammad Mukhtar were

  also present there along with other villagers. Thus, the witnesses while

  giving their statements were not consistent in this regard.

  33. Dealing with the question, as to how many persons were

  present at the time of the public gathering, it is to be noted that PW-1

  stated that the public gathering was held in a house consisting of 5

  Marla and about 100 people were present there; however, PW.2 stated

  that more than 1000 people were present in the public gathering;

  whereas, PW.3 stated that more than 2000 people were present; yet,

  PW.4 narrated that there may be more than 200-250 persons were

  present in the public gathering. Thus, the witnesses are also not

  consistent in this regard.

  34. Pertaining to the question as to where the public gathering

  took place, it is to be noted that the complainant (PW.1) stated in his

  cross-examination that the public gathering was held at Mukhtar

  Ahmed’s house, while PW.2 stated in her cross-examination that the

  Criminal Appeal No.39-L of 2015 -: 26 :-

  public gathering was held at her father’s, Abdul Sattar’s house, whereas,

  PW.3 stated in her cross-examination that the public gathering was held

  at Rana Razzaq’s house, however, PW.4 stated in his examination-inchief

  that the public gathering was held at Mukhtar Ahmed’s house. Yet

  another name was put forth in this regard by CW-1, who in his crossexamination

  stated that the public gathering was held at the Dera of Haji

  Ali Ahmed. Thus, on this issue too, there are material contradictions

  between the statements given by the witnesses.

  35. Regarding the issue of the distance between the place of the

  public gathering and the house of the appellant, it is to be noted that

  PW.2 did not mention anything in this regard, whereas, PW.3 stated in

  her cross-examination that the house of the appellant was three houses

  away from the place of the public gathering. However, PW.4 stated in his

  cross-examination that the house of the appellant was at a distance of

  200/250 yards from the place of the public gathering, while the

  complainant (PW.1) did not disclose the distance between the house of

  the appellant and the place of public gathering, nevertheless, according

  to CW-1 the house of the appellant was in front of the Dera where the

  public gathering took place. Thus, there are material contradictions

  between the witnesses on this issue as well.

  36. With regard to the issues that who had brought the

  appellant to the public gathering and how did she got there, it is to be

  noted that PW.2 stated that she did not remember who brought the

  appellant to the public gathering but it was a resident of her village,

  whereas, PW.3 stated that the appellant was called to the public

  gathering by the people of the village and was brought on foot and the

  people who called her were also on foot. However, PW.4 stated that

  Mushtaq Ahmed brought the appellant to the public gathering, while the

  complainant (PW.1) stated that the people of the village went to the

  Criminal Appeal No.39-L of 2015 -: 27 :-

  house of the appellant and took her from there to the public gathering on

  two motorcycles, Mudassar was one of those people. Thus, on this issue

  too there are material contradictions between the witnesses.

  37. The witnesses were also not in consonance regarding the

  time and duration of the public gathering. PW-2 stated that it took place

  on Friday at 12 noon and lasted for 15/20 minutes; PW-3 stated that the

  public gathering took place at 12 noon and lasted for 15 minutes; PW-4

  stated that the public gathering took place at 11/12 noon and lasted for

  2/ 2½ hours; whereas, complainant (PW-1) did not mention the time and

  duration of the gathering. Thus, there are furthers material contradiction

  between the witnesses.

  38. A further conflict also prevails between the other PWs and

  the complainant. Other PWs stated that the matter was brought to the

  notice of complainant on the same day i.e. 14.6.2009; however, the

  complainant during his cross-examination stated that he was informed of

  the occurrence on 16.6.2009.

  39. There is yet another material contradiction regarding the

  submission of the application to the police and registration of the FIR. At

  the bottom of the FIR the place of registration of the FIR has been

  mentioned that the FIR was registered by Mehdi Hassan, SI at “bridge

  canal Chandar Cot” and the time of registration is given as “5:45 pm”.

  Conversely, the complainant (PW-1) in his statement has mentioned that

  the FIR was registered by delivering the application to the SHO

  concerned. However, Muhammad Rizwan, SI (PW-5) stated that the

  complainant presented before him the complaint (Exh.PA) upon which he

  formally registered the FIR (Exh.PA/1).

  40. With regard to the arrest of the accused, further

  contradictions exist in the statement of Muhammad Arshad, SI (PW-7);

  Criminal Appeal No.39-L of 2015 -: 28 :-

  inasmuch as, he (PW-7) stated in his examination-in-chief that the

  accused was arrested by him with the help of two lady constables,

  presented to the Judicial Magistrate and sent to judicial lockup. It was

  then stated in the cross-examination that the accused was arrested by

  him on 19.6.2009 from her house situated at Village Ittanwali at about

  4/5 p.m., however, at a subsequent point of time it was stated by him

  that he reached the Village Ittanwali at about 7 p.m. and remained there

  for one hour. Furthermore, PW-2 and PW-3 in their statements,

  categorically denied the fact that an altercation/quarrel took place

  between the appellant and them on the fetching of water immediately

  before the passing of the alleged blasphemous remarks by the appellant.

  Whereas, PW-6 and as well as CW-1 admitted in their statements that an

  altercation/quarrel took place between them, thus the factum of quarrel

  is proved from the record. The prosecution did not declare PW-6 as a

  hostile witness. In this eventuality, the said PWs could not be termed as

  truthful witnesses and the death sentence could not be inflicted on the

  testimony of such eye witnesses, which even otherwise are interested

  witnesses.

  41. All these contradictions are sufficient to cast a shadow of

  doubt on the prosecution’s version of facts, which itself entitles the

  appellant to the right of benefit of the doubt. It is a well settled principle

  of law that for the accused to be afforded this right of the benefit of the

  doubt, it is not necessary that there should be many circumstances

  creating uncertainty. If a single circumstance creates reasonable doubt

  in a prudent mind about the apprehension of guilt of an accused, then

  he/she shall be entitled to such benefit not as a matter of grace and

  concession, but as of right. Reference in this regard may be made to the

  cases of Tariq Pervaiz Vs. The State (1995 SCMR 1345) and Ayub

  Criminal Appeal No.39-L of 2015 -: 29 :-

  Masih vs The State (PLD 2002 SC 1048). Thus, it is held that the

  appellant is entitled to the benefit of the doubt as a right.

  42. There is also an another facet pertaining to this matter. The

  learned Trial Court had relied upon the evidence of the witnesses

  regarding the extra-judicial confession to convict the appellant. The

  learned High Court has disregarded the extra-judicial confession for the

  reason that the evidence of extra-judicial confession furnished by the

  witnesses, i.e. Qari Muhammad Salaam (PW.1), Muhammad Afzal (PW.4)

  as well as Muhammad Idrees (CW.1), to the extent of confessing the guilt

  in a public gathering, cannot be termed as an extra-judicial confession

  because no time, date and manner of commission of offence was given

  and further, no circumstances under which the appellant had allegedly

  committed the offence, have been narrated in the alleged confessional

  statement. In this regard it is to be noted that this Court has repeatedly

  held that evidence of extra-judicial confession is a fragile piece of

  evidence and utmost care and caution has to be exercised in placing

  reliance on such a confession. It is always looked at with doubt and

  suspicion due to the ease with which it may be concocted. The legal

  worth of the extra judicial confession is almost equal to naught, keeping

  in view the natural course of events, human behaviour, conduct and

  probabilities, in ordinary course. It could be taken as corroborative of the

  charge if it, in the first instance, rings true and then finds support from

  other evidence of unimpeachable character. If the other evidence lacks

  such attribute, it has to be excluded from consideration. Reliance in this

  behalf may be made to the cases of Nasir Javaid Vs. State (2016 SCMR

  1144), Azeem Khan and another Vs. Mujahid Khan and others (2016

  SCMR 274), Imran alias Dully Vs. The State (2015 SCMR 155),

  Hamid Nadeem Vs. The State (2011 SCMR 1233), Muhammad Aslam

  Criminal Appeal No.39-L of 2015 -: 30 :-

  Vs. Sabir Hussain (2009 SCMR 985), Sajid Mumtaz and others Vs.

  Basharat and others (2006 SCMR 231), Ziaul Rehman Vs. The State

  (2000 SCMR 528) and Sarfraz Khan Vs. The State and 2 others (1996

  SCMR 188).

  43. Furthermore, as per Article 37 of the Qanun-e-Shahadat

  Order, 1984, “A confession made by an accused person is irrelevant in a

  criminal proceeding, if the making of the confession appears to the Court

  that it has been caused by any inducement, threat or promise having

  reference to the charge against the accused person, proceeding from a

  person in authority and sufficient, in the opinion of the Court, to give the

  accused person grounds which would appear to him reasonable, for

  supposing that by making it he would gain any advantage or avoid any

  evil of a temporal nature in reference to the proceedings against him”.

  44. In this very instant case, the appellant was brought to a

  gathering of potentially hundreds of people, she was alone at the time,

  tensions were running high, and it was an intimidating environment, the

  appellant may well have felt threatened and vulnerable; thus, the alleged

  extra-judicial confession made by the appellant, even if presumed to have

  been made by her before such public gathering, cannot be termed as a

  voluntary action and nor it can be relied upon to form the basis of a

  conviction, especially for capital punishment.

  45. Learned High Court while maintaining the conviction of the

  appellant has relied upon the testimony of the witness for the reasons

  that (a) the presence of the eye witnesses and the appellant at the

  relevant time in the field of 'Falsa ' is not denied (b) the witnesses have

  not been cross examined by the defence qua the offence of blasphemy

  alleged against the appellant and (c) the defence could not point out or

  even suggest any previous enmity, ill will or ulterior motive of the eye

  Criminal Appeal No.39-L of 2015 -: 31 :-

  witnesses against the appellant to falsely implicate her in the case of

  such a heinous nature and (d) the testimony of (CW.l), Muhammad

  Idrees, who was also present in the field at the relevant time, provides

  strong corroboration to the evidence furnished by the eye witnesses.

  46. In this regard it is important to note that this Court has

  held that the principle, namely, the part of the statement which

  remains un-rebutted amounts to admission, does not attract in

  criminal cases. In criminal cases, the burden to prove the guilt of the

  accused rests heavily upon the prosecution, who has to prove its case

  beyond any shadow of doubt. Reliance in this behalf may be made to

  judgments of this Court reported as Nadeem Ramzan Vs. the state

  (2018 SCMR 149), S. Mahmood Aslam Shah Vs. the State (PLD

  1987 SC 250) and State Vs. Rab Nawaz and another (PLD 1974 SC

  87). Thus, the learned High Court has erred in law while deciding this

  aspect of the matter.

  47. Besides, both the eye witnesses were specifically crossexamined

  with regards to the altercation which took place in the said

  field; inasmuch as, when a specific question was put to Mafia Bibi

  (PW.2), in her reply she stated that "It is incorrect to suggest that I

  recorded my statement against the accused Asia Bibi due to the quarrel

  which took place between me and Asia Bibi during the plucking of Falsa

  on the same day”. The allegation of blasphemy was also rebutted by

  the defence which is evident from the answer given by her (PW.2)

  namely, “It is further incorrect to suggest that I have deposed falsely

  today and listened nothing”. Likewise, a similar suggestion was also

  put to Asma Bibi (PW.3) who in response whereof stated that "It is

  incorrect to suggest that on the day of occurrence, a quarrel took place

  between me and the accused Mst. Asia Bibi in the said garden on the

  Criminal Appeal No.39-L of 2015 -: 32 :-

  issue of drinking water. It is also incorrect to suggest that I am deposing

  falsely today due to the grudge of the quarrel which took place between

  me and the accused Mst. Asia Bibi.” With regard to the allegation of

  blasphemy, a question was put to the said witness (PW.3) who replied

  that “It is further incorrect to suggest that I am deposing falsely, and

  nothing has been heard directly by the mouth of the accused Mst. Asia

  Bibi”. However, Muhammad Idrees (CW.l) in his examination-in-chief

  admitted the factum of a quarrel between the appellant and the eye

  witnesses as is evident from his statement which states “This led to a

  quarrel between them. I was also intimated about this quarrel.” In his

  cross-examination, he admitted that “I was at a distance of 2/3 Killa

  away when I came to know about the occurrence. … I confirmed about the

  facts. … when I came at the spot, I only came to know that there has been

  a disagreement between the accused and PWs which has resulted due the

  fetching of water.” Thus, there is no denial about the factum of the

  argument over the fetching of water between the appellant and eye

  witnesses before the alleged commission of crime. The mere presence of

  the appellant as well as the witnesses at the place of alleged occurrence

  alone is not sufficient to prove the occurrence of the offence. The

  defence has not contested the matter on the basis that the appellant

  was not present in the field, rather it has taken the plea that the

  appellant and witnesses were present in the field in question when the

  altercation took place between them, and in that resentment the

  witnesses had falsely implicated her (the appellant) with the help and

  support of the complainant. Astonishingly, 25-30 ladies were present at

  the spot but none of them except Yasmin Bibi (given up PW) supported

  the prosecution version before the complainant, and she too did not opt

  to appear in the witness-box to depose against the appellant. Even CW.1

  has not heard the words constituting the crime of blasphemy. All this

  Criminal Appeal No.39-L of 2015 -: 33 :-

  creates doubt regarding the prosecution story. Moreover, the factum of

  inordinate delay of 5 days in the registration of FIR further casts a

  serious dent on the prosecution story.

  48. It is a well settled principle of law that one who makes an

  assertion has to prove it. Thus, the onus rests on the prosecution to

  prove guilt of the accused beyond reasonable doubt throughout the trial.

  Presumption of innocence remains throughout the case until such time

  the prosecution on the evidence satisfies the Court beyond reasonable

  doubt that the accused is guilty of the offence alleged against him. There

  cannot be a fair trial, which is itself the primary purpose of criminal

  jurisprudence, if the judges have not been able to clearly elucidate the

  rudimentary concept of standard of proof that prosecution must meet in

  order to obtain a conviction. Two concepts i.e., “proof beyond reasonable

  doubt” and “presumption of innocence” are so closely linked together

  that the same must be presented as one unit. If the presumption of

  innocence is a golden thread to criminal jurisprudence, then proof

  beyond reasonable doubt is silver, and these two threads are forever

  intertwined in the fabric of criminal justice system. As such, the

  expression "proof beyond reasonable doubt" is of fundamental

  importance to the criminal justice: it is one of the principles which seeks

  to ensure that no innocent person is convicted. Where there is any doubt

  in the prosecution story, benefit should be given to the accused, which is

  quite consistent with the safe administration of criminal justice. Further,

  suspicion howsoever grave or strong can never be a proper substitute for

  the standard of proof required in a criminal case, i.e. beyond reasonable

  doubt. In the presence of enmity between the accused and the

  complainant/witnesses, usually a strict standard of proof is applied for

  determining the innocence or guilt of the accused. If the PWs are found

  inimical towards the accused, she deserves acquittal on the principle of

  Criminal Appeal No.39-L of 2015 -: 34 :-

  the benefit of the doubt. Keeping in mind the evidence produced by the

  prosecution against the alleged blasphemy committed by the appellant,

  the prosecution has categorically failed to prove its case beyond

  reasonable doubt. Reliance in this behalf may be made to the cases

  reported as Muhammad Ashraf Vs. The State (2016 SCMR 1617),

  Muhammad Jamshaid Vs. The State (2016 SCMR 1019), Muhammad

  Asghar alias Nannah Vs. The State (2010 SCMR 1706), Noor

  Muhammad alias Noora Vs. The State (1992 SCMR 2079) and Ayub

  Masih Vs. The State (PLD 2002 SC 1048).

  49. I will end this Judgement on a Hadith of our beloved Prophet

  Muhammad ( ;(صلى الله عليه وسلم

  “Beware! Whoever is cruel and hard on a non-Muslim

  minority, or curtails their rights, or burdens them with more

  than they can bear, or takes anything from them against their

  free will; I (Prophet Muhammad) will complain against the

  person on the Day of Judgment.” (Abu Dawud)

  50. For the foregoing reasons, this appeal is allowed. The

  judgments of the High Court as well as the Trial Court are reversed.

  Consequently, the conviction as also the sentence of death awarded to

  the appellant is set aside and she is acquitted of the charge. She be

  released from jail forthwith, if not required in any other criminal case.

  CHIEF JUSTICE

  I agree and have appended a

  separate concurring opinion.

  JUDGE

  JUDGE

  Announced in open Court

  on 31.10.2018 at Islamabad

  Approved for reporting

  Waqas Naseer/*

  Criminal Appeal No.39-L of 2015 -: 35 :-

  Asif Saeed Khan Khosa, J.: I have had the privilege of perusing

  the proposed judgment authored by my lord the Hon’ble Chief Justice

  and I agree with the reasons recorded and the conclusions reached

  therein. However, because of some important legal and factual issues

  involved in the case I have decided to record this separate concurring

  opinion.

  2. Mst. Asia Bibi appellant had allegedly made some derogatory

  remarks against the Holy Prophet Muhammad (Peace Be Upon Him) and

  the Holy Qur’an on 14.06.2009 in the presence of some of her Muslim

  female co-workers while plucking Falsa (a kind of berry also known as

  grewia asiatica) in the field of one Muhammad Idrees in village Ittanwali

  in the area of Police Station Sadar, Nankana Sahib and for that alleged

  commission of the offence of blasphemy under section 295-C of the

  Pakistan Penal Code, 1860 (P.P.C.) she was booked in case FIR No. 326

  registered at the said Police Station on 19.06.2009 at the instance of Qari

  Muhammad Salaam complainant, an Imam of the local mosque. It was

  alleged that the appellant had stated something to the effect that the

  Holy Prophet Muhammad (Peace Be Upon Him) had fallen ill and was

  bedridden for one month before his death, insects had emerged from his

  mouth and ear, he had got married to Hazrat Khadija (May Almighty

  Allah Be Pleased With Her) with the intention to loot her wealth and after

  looting her wealth he had discarded her. It was also alleged that on the

  same occasion the appellant had also uttered words to the effect that the

  Holy Qur’an was not a book of God and it was not a divine book but a

  self-made book. The appellant was arrested by the local police on

  19.06.2009 soon after registration of the FIR and upon completion of the

  investigation a Challan was submitted before the trial court

  recommending her trial. The trial court framed a Charge against the

  appellant for an offence under section 295-C, P.P.C. to which she

  pleaded not guilty and claimed a trial. During the trial the prosecution

  produced seven witnesses in support of its case against the appellant

  and produced some documents and statement of a Court Witness was

  also recorded by the trial court. In her statement recorded under section

  342 of the Code of Criminal Procedure, 1898 (Cr.P.C.) the appellant

  denied and controverted all the allegations of fact leveled against her by

  the prosecution and professed her innocence. She opted not to make a

  statement on oath under section 340(2), Cr.P.C. and did not produce any

  Criminal Appeal No.39-L of 2015 -: 36 :-

  evidence in her defence. Upon completion of the trial and after hearing of

  arguments of the learned counsel for the parties the learned Additional

  Sessions Judge, Nankana Sahib trying the case convicted the appellant

  for the offence under section 295-C, P.P.C. vide judgment dated

  08.11.2010 and sentenced her to death and to pay a fine of Rs.

  1,00,000/- or in default of payment thereof to undergo simple

  imprisonment for a period of six months. The appellant challenged her

  conviction and sentence before the Lahore High Court, Lahore through

  Criminal Appeal No. 2509 of 2010 which was heard by a learned Division

  Bench of the said Court along with Murder Reference No. 614 of 2010

  seeking confirmation of the sentence of death passed by the trial court

  against the appellant and vide judgment dated 16.10.2014 the

  appellant’s appeal was dismissed, her conviction and sentence recorded

  by the trial court were upheld and confirmed and the Murder Reference

  was answered in the affirmative. Hence, the present appeal by leave of

  this Court granted on 22.07.2015.

  3. Leave to appeal had been granted by this Court in order to

  reappraise the evidence and we have undertaken that exercise by

  perusing the record of the case from cover to cover with the assistance of

  the learned counsel for the parties. We have also carefully heard and

  considered the arguments advanced by the learned counsel for the

  parties.

  4. It has been argued by the learned counsel for the appellant that an

  FIR in respect of the alleged occurrence had been lodged by Qari

  Muhammad Salaam complainant (PW1) with a delay of five days and it

  had been admitted by the complainant before the trial court that before

  lodging of the FIR deliberations had taken place amongst the members of

  the complainant party which delay and deliberations had denuded the

  FIR of its evidentiary value, as held by this Court in the case of Iftikhar

  Hussain and others v The State (2004 SCMR 1185). He has also argued

  that the prosecution witnesses had differed with each other over the

  place where the FIR had been lodged and the Advocate who had drafted

  the application for registration of the FIR had never been named. He has

  further argued that two independent prosecution witnesses had

  confirmed that a quarrel had taken place between the appellant and the

  ladies belonging to the complainant party before the offending words had

  Criminal Appeal No.39-L of 2015 -: 37 :-

  allegedly been uttered by the appellant but the prosecution witnesses

  belonging to the interested complainant party had completely suppressed

  such an important fact. It has also been argued by him that no

  independent corroboration was available confirming the allegations

  leveled against the appellant by the crucial prosecution witnesses

  appearing before the trial court, i.e. Mafia Bibi (PW2) and Asma Bibi

  (PW3). According to him the investigation of this case was conducted by

  an officer who was not competent to investigate this case as required by

  section 156-A, Cr.P.C. and in support of this contention he has relied

  upon the cases of Shaukat Ali v The State and others (2008 SCMR 553),

  Amjad Farooq and another v The State (2007 P.Cr.L.J. 238) and Malik

  Muhammad Mumtaz Qadri v The State and others (PLD 2016 SC 17). He

  has also submitted that it was alleged in the FIR that the appellant was a

  preacher of Christian faith which formed the motive in this case but no

  such assertion was made before the trial court by any prosecution

  witness during the trial. He has pointed out that none of the other female

  co-workers of the appellant working in the same field of Falsa was

  produced by the prosecution in support of its case against the appellant

  and, thus, the best evidence had been withheld by the prosecution and

  on account of such failure of the prosecution an adverse inference is to

  be drawn against it. With these arguments the learned counsel for the

  appellant has maintained that the case of the prosecution against the

  appellant was full of serious doubts and the benefit of such doubts ought

  to be extended to her.

  5. As against that the learned Additional Prosecutor-General, Punjab

  appearing for the State has maintained that investigation of a case by a

  police officer not competent to investigate such case does not vitiate the

  investigation and in support of this argument he has referred to the

  provisions of section 156(2), Cr.P.C. He has submitted that the

  statements made before the trial court by Mafia Bibi (PW2) and Asma

  Bibi (PW3) were quite consistent and their statements had found

  sufficient support from the statements made by Muhammad Idrees

  (CW1) and Muhammad Amin Bukhari, SP (Investigation) (PW6). It has,

  thus, been maintained by him that the prosecution had succeeded in

  proving its case against the appellant beyond reasonable doubt.

  Criminal Appeal No.39-L of 2015 -: 38 :-

  6. While opposing this appeal and supporting the appellant’s

  conviction and sentence recorded and upheld by the courts below the

  learned counsel for the complainant has argued that delay in lodging of

  an FIR is not always fatal to a criminal case and in the present case the

  delay stood sufficiently explained by the prosecution. He has relied in

  this regard upon the cases of Zar Bahadar v The State (1978 SCMR 136)

  and Sheraz Asghar v The State (1995 SCMR 1365). He has also argued

  that both the courts below had concurred in their findings and had

  found the appellant guilty as charged and such concurrent findings of

  the courts below are not be interfered with lightly. He has pointed out

  that in her statement recorded under section 342, Cr.P.C. the appellant

  had not disputed her presence in the relevant field of Falsa at the date

  and time of occurrence and she had also admitted having some verbal

  interaction with her female co-workers, including Mafia Bibi (PW2) and

  Asma Bibi (PW3), on that occasion and no suggestion was made to those

  witnesses during their cross-examination that the allegations leveled by

  them regarding commission of blasphemy by the appellant were

  incorrect. According to the learned counsel for the complainant an

  assertion of fact by a witness is deemed to have been admitted by the

  opposite party if the witness is not controverted regarding such assertion

  through a suggestion during his cross-examination. He has also

  submitted that the appellant had made multiple extra-judicial

  confessions about her guilt before different prosecution witnesses who

  had consistently deposed about the same before the trial court. In the

  end he has argued that the prosecution witnesses had no ostensible

  reason to falsely implicate the appellant in a case of this nature, their

  consistent statements had inspired confidence of the courts below and,

  therefore, the appellant’s conviction and sentence recorded and upheld

  by the courts below do not warrant any interference by this Court.

  7. After hearing the learned counsel for the parties and going through

  the record of the case with their assistance I have observed that the

  prosecution had produced seven witnesses in support of its case against

  the appellant. Qari Muhammad Salaam complainant had appeared

  before the trial court as PW1 and had deposed about having been

  informed about the incident by three ladies, holding of a public gathering

  on 19.06.2009 wherein the appellant had allegedly confessed her guilt

  and had asked for forgiveness and lodging of the FIR by him on

  Criminal Appeal No.39-L of 2015 -: 39 :-

  19.06.2009. Mafia Bibi (PW2) had deposed about the incident taking

  place in the field of Falsa on 14.06.2009, informing the complainant

  about that incident and holding of a public gathering on 19.06.2009

  wherein the appellant had allegedly made a confession and had sought

  pardon. Asma Bibi (PW3) had also made a statement regarding the same

  events which were stated by Mafia Bibi (PW2). Muhammad Afzal (PW4)

  had stated about having been informed by Qari Muhammad Salaam

  complainant (PW1), Mafia Bibi (PW2) and Asma Bibi (PW3) about the

  blasphemy allegedly committed by the appellant and holding of a public

  gathering on 19.06.2009 wherein the appellant had allegedly admitted

  her guilt and had sought forgiveness. Muhammad Rizwan, SI (PW5) had

  recorded the formal FIR at the Police Station. Muhammad Amin Bukhari,

  SP (Investigation) had appeared as PW6 and had stated about the

  investigation of this case conducted by him. Muhammad Arshad, SI

  (PW7) was the initial investigating officer of this case and he had stated

  about inspecting the place of occurrence on 19.06.2009, recording of

  statements of witnesses, arresting the appellant, obtaining her judicial

  remand from a Magistrate and sending her to the judicial lock-up. Some

  documents were also produced by the prosecution before the trial court

  in support of its case. The trial court summoned and recorded the

  statement of Muhammad Idrees as CW1 who claimed to be the owner of

  the Falsa field wherein the occurrence had allegedly taken place and he

  also stated about the appellant confessing her guilt before him on

  14.06.2009, the complainant being informed about the incident, holding

  of a public gathering on 19.06.2009 and the appellant allegedly

  confessing her guilt before that gathering and also before the

  investigating officer on that day. In her statement recorded under section

  342, Cr.P.C. while answering a question as to why the present case was

  registered against her and as to why the prosecution witnesses had

  deposed against her the appellant had stated as follows:

  “I am married woman having two daughters. My husband is a poor

  labourer. I used to pluck Falsa from the plants of Muhammad Idrees

  along with number of ladies on the daily wages basis. On the alleged day

  of occurrence, I along with number of ladies were working in the fields.

  Both the ladies Mst. Mafia Bibi and Mst. Asma Bibi PWs quarreled with

  me over fetching water which was offered by me to bring for them but

  they refused saying that since I am Christian, so, they never took water

  from the hand of Christian. Over this, quarrel was insued and some hot

  words were exchanged between myself and the PWs ladies. The PWs then

  approached Qari Salaam complainant through his wife who remained

  teaching the both ladies, hence, the PWs were conspiring with Qari

  Salaam got a false, fabricated and fictitious case against me. I offered my

  oath to police on Bible that I had never passed such derogatory and

  Criminal Appeal No.39-L of 2015 -: 40 :-

  shameful remarks against the Holy Prophet (PBUH) and the Holy Quran.

  I have great respect and honour to the Holy Prophet (PBUH) as well Holy

  Quran and since police had conspired with the complainant, so, the

  police has falsely booked me in this case. The PWs are real sisters and

  interested to falsely involve me in this case as they felt disgrace and

  dishonor on the basis of altercation and hard words extended to them.

  Qari Salaam complainant is also interested person and both the ladies

  remained teaching Holy Quran from his wife. My forefathers are living in

  this village since creation of Pakistan. I am also about 40 years old and

  since the alleged occurrence, no complaint likewise this never exist

  against me. I am uneducated and no priest of Christian. So much so

  there is no church of the Christian in the village, so, being ignorant of

  any Islamic thought, how can I use such clumsy and derogatory remarks

  against the beloved Prophet (PBUH) of Allah and the Divine book viz Holy

  Quran. PW Idrees is also a interested witness who has close family links

  with their above said ladies.”

  The appellant had opted not to make a statement on oath under section

  340(2), Cr.P.C. and had not produced any evidence in her defence.

  8. I now proceed to evaluate every piece of evidence produced by the

  prosecution in the sequence of events statedly unfolding in this case.

  9. Mafia Bibi (PW2) and Asma Bibi (PW3) were produced by the

  prosecution as witnesses of the incident allegedly taking place in the field

  of Falsa on 14.06.2009. The said ladies were young girls and sisters inter

  se and were semi-literate who had statedly received some elementary

  religious education in their village from the wife of Qari Muhammad

  Salaam complainant (PW1). Those ladies had never stated as to who was

  addressed by the appellant at the time of uttering the derogatory

  remarks, they had never disclosed in whose field of Falsa the alleged

  incident had taken place and they had not themselves lodged any report

  about the same with the local police. It is of critical importance to

  mention here that the senior investigating officer of this case namely

  Muhammad Amin Bukhari, SP (Investigation) (PW6) as well as the owner

  of the relevant field of Falsa namely Muhammad Idrees (CW1) had

  categorically stated before the trial court that the derogatory words were

  uttered by the appellant when there was a religious discussion between

  the appellant and her Muslim co-workers in the field of Falsa after Mafia

  Bibi (PW2), Asma Bibi (PW3) and other Muslim co-workers had stated

  that they would not drink water from the hands of the appellant who was

  a Christian by faith. According to the said witnesses it was on the basis

  of the said stance of the appellant’s Muslim co-workers that a “quarrel”

  had taken place and during the said quarrel the appellant had uttered

  the derogatory words against the Holy Prophet Muhammad (Peace Be

  Criminal Appeal No.39-L of 2015 -: 41 :-

  Upon Him) and the Holy Qur’an. This shows that, according to the

  prosecution itself, the appellant had uttered the derogatory words

  attributed to her after the appellant’s religion was insulted and her

  religious sensibilities had been injured by her Muslim co-workers

  including Mafia Bibi (PW2) and Asma Bibi (PW3). It is unfortunate that in

  the FIR lodged by Qari Muhammad Salaam complainant (PW1) and in

  their statements made before the police under section 161, Cr.P.C. no

  mention was made by Qari Muhammad Salaam complainant (PW1),

  Mafia Bibi (PW2) and Asma Bibi (PW3) regarding any such verbal

  exchange or quarrel. It is also disturbing to note that both Mafia Bibi

  (PW2) and Asma Bibi (PW3) had completely suppressed this factual

  aspect of the case in their examinations-in-chief before the trial court

  and when it was suggested to them by the defence during their crossexamination

  they simply denied any such verbal exchange and the

  ensuing quarrel. It is, thus, obvious that both Mafia Bibi (PW2) and

  Asma Bibi (PW3) had no regard for the truth and they were capable of

  deposing falsely and also that the said semi-literate young sisters had a

  reason to level allegations against the appellant which could be untrue. I

  propose to comment on this aspect of the case from another angle as well

  in the later part of this opinion.

  10. Muhammad Idrees had appeared before the trial court as CW1 and

  he had not been produced by the prosecution but was summoned by the

  trial court as a Court Witness. He claimed that he was the owner of the

  relevant field of Falsa, he had gone to his field of Falsa on 14.06.2009

  and he was informed by Mafia Bibi (PW2) and Asma Bibi (PW3) at the

  spot about an altercation taking place between those ladies and the

  appellant whereafter the appellant had made a confession before him

  and had sought pardon. Muhammad Arshad, SI (PW7) had stated that

  the place of occurrence was the field of Falsa belonging to Muhammad

  Idrees (CW1) and Muhammad Amin Bukhari, SP (Investigation) (PW6)

  had stated that Muhammad Idrees (CW1) was attracted to the field and

  the ladies had narrated the matter to him whereafter he inquired from

  the appellant who confessed before him. I have, however, found that the

  story about Muhammad Idrees (CW1) being attracted to the spot, being

  apprised of the incident by Mafia Bibi (PW2) and Asma Bibi (PW3) and

  the appellant confessing before him and seeking pardon was a story

  which was completely new and in their depositions Mafia Bibi (PW2),

  Criminal Appeal No.39-L of 2015 -: 42 :-

  Asma Bibi (PW3), Qari Muhammad Salaam complainant (PW1) and

  Muhammad Afzal (PW4) had not stated anything at all about Muhammad

  Idrees (CW1) coming to the spot, being apprised of the incident by Mafia

  Bibi (PW2) and Asma Bibi (PW3) and the appellant confessing before him

  and seeking pardon! It appears that Muhammad Idrees (CW1) was

  introduced in this case at some later stage by way of an afterthought. He

  had not joined the initial investigation of this case conducted by

  Muhammad Arshad, SI (PW7) and had not made any statement before

  him. It was the subsequent investigating officer namely Muhammad

  Amin Bukhari, SP (Investigation) (PW6) who had claimed that

  Muhammad Idrees (CW1) had appeared before him on 04.07.2009, i.e.

  after 20 days of the alleged occurrence and after 15 days of registration

  of the FIR. Such belated surfacing of the said witness was quite

  suspicious and in all likelihood he had been planted in this case at some

  subsequent stage. Apart from that the confession allegedly made by the

  appellant before Muhammad Idrees (CW1) was not put to the appellant

  at the time of recording of her statement under section 342, Cr.P.C. and

  the law is settled that a piece of evidence or a circumstance not put to

  the accused person at the time of recording of his statement under

  section 342, Cr.P.C. cannot be used or considered against him. The

  statement made by Muhammad Idrees (CW1) before the trial court is,

  therefore, to be kept completely out of consideration.

  11. The next development allegedly taking place in this case was that

  Qari Muhammad Salaam complainant (PW1) was informed about the

  incident but the evidence brought on the record about that development

  was also not free from doubt. In the FIR lodged by him the complainant

  had stated that Mafia Bibi (PW2), Asma Bibi (PW3), Yasmin Bibi and

  some others had informed him and other people of the village about the

  incident but in the FIR he had not divulged as to when he was informed

  about the incident. In his examination-in-chief before the trial court the

  complainant had stated that he was informed by Mafia Bibi (PW2), Asma

  Bibi (PW3) and Yasmin Bibi on 14.06.2009 and on that occasion

  Muhammad Afzal (PW4) and Muhammad Mukhtar Ahmad were also

  present with him whose presence with him had not been mentioned by

  him in the FIR. In his cross-examination the complainant had changed

  his stance and had stated that he was informed about the occurrence on

  Criminal Appeal No.39-L of 2015 -: 43 :-

  16.06.2009 (not on 14.06.2009 as stated by him in his examination-inchief).

  12. According to the prosecution the next person informed about the

  alleged incident was Muhammad Afzal (PW4) but where was he contacted

  for the purpose was also in doubt. Qari Muhammad Salaam complainant

  (PW1) had stated before the trial court that on 14.06.2009 Mafia Bibi

  (PW2), Asma Bibi (PW3) and Yasmin Bibi came to him and informed him

  about the incident and on that occasion Muhammad Afzal (PW4) and

  Muhammad Mukhtar Ahmad were also present with him. However,

  Muhammad Afzal (PW4) had maintained before the trial court that on

  14.06.2009 Qari Muhammad Salaam complainant (PW1), Mafia Bibi

  (PW2), Asma Bibi (PW3), Yasmin Bibi and Muhammad Mukhtar Ahmad

  came to his house and narrated the occurrence to him.

  13. According to the record of the case some steps had been taken by

  the complainant party before reporting the matter to the police but the

  ambivalence surrounding taking of such steps was quite noticeable. The

  alleged occurrence had taken place on 14.06.2009 and the matter was

  reported to the police on 19.06.2009, i.e. after five days. Qari

  Muhammad Salaam complainant (PW1) had initially stated before the

  trial court that he had been informed about the incident on 14.06.2009

  but during the same testimony he had also stated that he had been

  apprised of the occurrence on 16.06.2009. He had stated before the trial

  court that between 16.06.2009 and 19.06.2009 he and the people of the

  village had “investigated and consulted and peeped into the matter” and

  the matter was reported to the police when they had felt satisfied about

  correctness of the allegations leveled against the appellant. Muhammad

  Idrees (CW1) had also stated that Qari Muhammad Salaam complainant

  (PW1) had verified the facts from him. It has pertinently been noticed by

  us that no detail of any such investigation, consultation or peeping into

  the matter by the complainant party or of verification by the complainant

  had been divulged before the trial court nor any evidence had been

  produced in that regard.

  14. The next development allegedly taking place in this case was a

  public gathering convened and held on 19.06.2009 wherein the appellant

  was summoned and she had statedly made a confession and had sought

  Criminal Appeal No.39-L of 2015 -: 44 :-

  pardon. I have found that the evidence produced by the prosecution in

  respect of the said public gathering and about what transpired therein

  was not only an afterthought but was nothing short of concoction

  incarnate. The said public gathering was allegedly held at about Noon on

  19.06.2009 and an FIR in respect of the alleged commission of

  blasphemy by the appellant had been lodged by Qari Muhammad Salaam

  complainant (PW1) with the local police at 05.45 P.M. on the same day,

  i.e. 19.06.2009 but it is quite intriguing to note that in the FIR so lodged

  no mention whatsoever had been made to any public gathering convened

  or held earlier on the same day or to summoning of the appellant in any

  such public gathering, making of a confession by her and seeking pardon

  by her therein! All that was mentioned in the FIR was that on 19.06.2009

  Qari Muhammad Salaam complainant (PW1), Muhammad Afzal (PW4)

  and Mukhtar Ahmad had summoned Asma Bibi (PW3), etc. and when

  the appellant was asked about the incident taking place on 14.06.2009

  she confessed and sought pardon. After lodging and registration of the

  FIR the initial investigating officer namely Muhammad Arshad, SI (PW7)

  had recorded the statements of Mafia Bibi (PW2), Asma Bibi (PW3) and

  Muhammad Afzal (PW4) under section 161, Cr.P.C. (Exhibits-DA, DB and

  DC respectively) on that very day and in those statements the said

  witnesses had also failed to mention anything about any public gathering

  convened and held on the same day, summoning of the appellant in such

  gathering, making of a confession by the appellant or seeking pardon by

  her therein!

  15. The witnesses produced by the prosecution before the trial court in

  order to prove the convening and holding of the so-called public

  gathering on 19.06.2009 and summoning of the appellant to that

  gathering, making of a confession by her and seeking pardon by her

  therein were Qari Muhammad Salaam complainant (PW1) and

  Muhammad Afzal (PW4). The statements made by the said witnesses

  have, however, been found by me to be mutually contradictory besides

  having been contradicted by the remaining record of the case. Qari

  Muhammad Salaam complainant (PW1) had stated that a public

  gathering was called in the village on 19.06.2009 but he had failed to

  mention the time or specific place of its holding. He claimed that in that

  gathering the appellant had confessed her guilt before him. He had

  conceded that convening and holding of any public gathering on

  Criminal Appeal No.39-L of 2015 -: 45 :-

  19.06.2009 had not been mentioned by him in the FIR (Exhibit-PA)

  lodged by him later on the same day. He had maintained that in the

  public gathering the appellant had narrated the occurrence to him and

  then Mafia Bibi (PW2) and Yasmin Bibi had narrated the occurrence but

  in her statement made before the trial court Mafia Bibi (PW2) had not

  said anything about her presence in the public gathering and Yasmin

  Bibi was not produced by the prosecution before the trial and she had

  been given up as unnecessary. Although Mafia Bibi (PW2) had stated

  about a public gathering in her statement made before the trial court yet

  she had never claimed to be present in any such gathering and, thus, her

  statement in that regard was nothing but hearsay. She had stated that

  the public gathering was held after four days of the alleged occurrence

  which meant that either the public gathering was held on 18.06.2009

  and not on 19.06.2009 or the alleged occurrence had taken place on

  15.06.2009 and not on 14.06.2009. I have already mentioned above that

  in her statement made before the police under section 161, Cr.P.C. Mafia

  Bibi (PW2) had said nothing about any public gathering at all and she

  was duly confronted with that earlier statement. In her statement made

  before the trial court Asma Bibi (PW3) had stated about holding of a

  public gathering but she had failed to mention any date, time or place of

  holding of such gathering. In her examination-in-chief she had never

  claimed to be present in the public gathering but in her crossexamination

  she had stated that she and others had gone to attend the

  public gathering on their own. It has already been mentioned by me

  above that in her statement made before the police under section 161,

  Cr.P.C. Asma Bibi (PW3) had also said nothing about any public

  gathering at all and she was duly confronted with that earlier statement.

  Muhammad Afzal (PW4) had stated before the trial court about his

  presence in the public gathering and about summoning of the appellant

  to that gathering, making of confession by her in that gathering and her

  seeking pardon but he was confronted with his earlier statement made

  before the police under section 161, Cr.P.C. wherein he had said nothing

  at all about any such public gathering, summoning of the appellant to

  that gathering, making of confession by the appellant in that gathering

  and her seeking pardon. Muhammad Idrees (CW1) had also stated before

  the trial court about the public gathering convened and held on

  19.06.2009 and also about what transpired therein but he had admitted

  in black and white that he was not present in that gathering and he was

  Criminal Appeal No.39-L of 2015 -: 46 :-

  told about the same by some other persons. His statement about the

  public gathering and whatever transpired therein was, thus, hit by the

  rule against hearsay evidence. It may, however, be pointed out that the

  said witness had maintained that the public gathering was held after two

  or three days of the alleged occurrence and not after five days as asserted

  by some other witnesses.

  16. Apart from what has been discussed above the evidence produced

  by the prosecution about where the public gathering had been held, how

  many people had participated in that gathering, who had brought the

  appellant to the gathering, how the appellant was brought to the

  gathering and the time consumed in the meeting has been found by me

  to be replete with glaring contradictions exposing complete falsity of the

  said part of the prosecution’s story. As regards the place of holding the

  public gathering Qari Muhammad Salaam complainant (PW1) had stated

  that the public gathering was held in the house of Muhammad Mukhtar

  Ahmad who was not produced by the prosecution and was given up as

  unnecessary. He had also stated that the total area of the house of the

  said Muhammad Mukhtar Ahmad was 5 Marlas. Mafia Bibi (PW2) had

  stated that the public gathering was held in the house of her father

  namely Abdul Sattar wherein she and her sister namely Asma Bibi (PW3)

  also resided. Asma Bibi (PW3) had stated in one breath that the public

  gathering was held in her house but in the other breath she had stated

  that the public gathering was held in the house of her neighbour namely

  Rana Razzaq. Muhammad Afzal (PW4) had maintained that the public

  gathering was held in the house of Muhammad Mukhtar Ahmad who had

  not been produced by the prosecution and had been given up as

  unnecessary. According to Muhammad Idrees (CW1) the public gathering

  was held at the Dera of Haji Ali Ahmad and not at any other place. The

  number of persons who had participated in the said public gathering was

  stated by Qari Muhammad Salaam complainant (PW1) to be about 100,

  Mafia Bibi (PW2) had given that figure as more than 1000 including

  many Ulema and Imams of mosques, according to Asma Bibi (PW3) the

  number of participants was about 2000 including people of nearby

  villages and according to Muhammad Afzal (PW4) more than 200/250

  people were present in that gathering. Muhammad Idrees (CW1) had

  stated that many religious scholars were also present in the gathering

  but he did not know the names of the religious scholars who had

  Criminal Appeal No.39-L of 2015 -: 47 :-

  participated. If, as stated by Qari Muhammad Salaam complainant

  (PW1), the total area of the house wherein the public gathering had been

  held was only 5 Marlas then hundreds or thousands of people could not

  conceivably fit into that very small house. The evidence produced by the

  prosecution regarding bringing the appellant to the public gathering was

  equally discrepant and utterly unreliable. According to Qari Muhammad

  Salaam complainant (PW1) some residents of the village including one

  Mudassir had gone on two motorcycles to the house of the appellant and

  had brought her with them to the public gathering. The said Mudassir

  was not produced by the prosecution as a witness. Asma Bibi (PW3) had

  stated that the house of the appellant was situated only three houses

  away from the place where the public gathering was held and that the

  appellant was brought there on foot and she also went back on foot.

  Muhammad Afzal (PW4) had stated that the house of the appellant was

  situated 200/250 yards away from the house wherein the public

  gathering had been held and it was one Mushtaq Ahmad who had

  brought the appellant to the gathering. Later on during the same

  statement the said witness had maintained that Mushtaq Ahmad had

  brought the appellant from the field of Falsa. Muhammad Idrees (CW1)

  had stated that the appellant’s house was situated in front of the Dera

  whereat the public gathering was held. According to Mafia Bibi (PW2)

  and Asma Bibi (PW3) the public gathering lasted for about 15/20

  minutes but Muhammad Afzal (PW4) had deposed that the gathering had

  continued for two to two and a half hours. There was a general

  consensus among the prosecution witnesses that the public gathering

  was held on a Friday and it had commenced its proceedings around

  Noon time. If the proceedings had continued for two to two and a half

  hours then the participants of the gathering, including some religious

  scholars and Imams of mosques, might have missed their Friday prayers

  which was not expected of them!

  17. According to the prosecution after the public gathering was over

  Qari Muhammad Salaam complainant (PW1) had lodged an FIR with the

  local police on the same day, i.e. 19.06.2009. The circumstances in

  which the complainant had lodged the FIR were also not free from

  serious doubts. The original FIR (Exhibit-PA) was in the shape of a

  written application which had statedly been drafted by an Advocate. The

  record of this case is completely silent about availability of an Advocate

  Criminal Appeal No.39-L of 2015 -: 48 :-

  in the village of the parties and nobody had stated anything about the

  complainant going to any city so as to contact an Advocate and to get an

  FIR drafted by him. As a matter of fact the complainant had stated before

  the trial court that he did not even remember the name of the Advocate

  who had drafted the FIR. The application Exhibit-PA showed that the

  same was presented by the complainant before Mehdi Hassan, ASI at

  Pull Nehar Chandarkot (bridge over Chandarkot canal) at 05.45 P.M. on

  19.06.2009 when the complainant had met that police officer there while

  on his way to the Police Station. Qari Muhammad Salaam complainant

  (PW1) had, however, stated before the trial court that the application

  Exhibit-PA was delivered to the Station House Officer of the concerned

  Police Station which was factually incorrect and was belied by the

  document Exhibit-PA itself. Muhammad Rizwan, SI (PW5) had stated in

  black and white that on 19.06.2009 the complainant had presented the

  complaint Exhibit-PA before him at the Police Station and he had then

  chalked out the formal FIR (Exhibit-PA/1). Even Question No. 6 put to

  the appellant at the time of recording of her statement under section

  342, Cr.P.C. was about the complainant presenting the application

  Exhibit-PA at the Police Station which was against the record. It was

  suggested to the complainant by the defence during his crossexamination

  that the application Exhibit-PA was presented by him before

  Mehdi Hassan, ASI at Pull Nehar Chandarkot and not at the Police

  Station but the complainant had categorically denied that suggestion and

  had maintained that it was incorrect to suggest that the application

  Exhibit-PA was not presented by him at the Police Station. The

  complainant had lied in that regard because it had been recorded by

  Mehdi Hassan, ASI at the bottom of the application Exhibit-PA that the

  said application had been presented by the complainant before him at

  05.45 P.M. on 19.06.2009 at Pull Nehar Chandarkot. This lie told by the

  complainant could have further been exposed by Mehdi Hassan, ASI but

  for some undisclosed reason the said police officer was not produced by

  the prosecution before the trial court. It is quite strange and out of the

  ordinary that Qari Muhammad Salaam complainant (PW1), the initiator

  of this criminal case, did not remember who had drafted the application

  Exhibit-PA for the purpose of lodging the FIR and he did not even know

  where and before whom the said application had been presented by him

  for the purpose of getting an FIR registered. It, thus, appears that

  something else was happening behind the scene and the actual movers

  Criminal Appeal No.39-L of 2015 -: 49 :-

  of the present criminal case were some others who had never come to the

  fore. Apart from that the FIR had been lodged in this case by Qari

  Muhammad Salaam complainant (PW1) who was not present in the

  incident allegedly taking place in the field of Falsa on 14.06.2009 and

  who had not himself heard any derogatory remark attributed to the

  appellant. The FIR lodged by him had not even disclosed as to which

  female co-worker was being addressed by the appellant when she had

  allegedly uttered the offending words on the relevant occasion. An FIR

  lodged with a noticeable delay and after consultations and deliberations

  loses its credibility and in the present case the FIR had been lodged with

  an unexplained delay of five days and the complainant had admitted

  before the trial court that the FIR had been lodged after he and the

  people of the village had “investigated”, “consulted” and “peeped into the

  matter”. The complainant and the FIR lodged by him, thus, were not

  worthy of much credit.

  18. The investigation conducted in this case by the police after registration of

  the FIR had also left much to be desired. Qari Muhammad Salaam complainant

  (PW1) had admitted before the trial court that no permission was obtained from

  the District Coordination Officer or the District Police Officer, etc. for lodging or

  registration of an FIR in respect of the offence of blasphemy. The initial

  investigation of this case was conducted by a Sub-Inspector of Police, i.e.

  Muhammad Arshad, SI (PW7) which was a violation of section 156-A, Cr.P.C.

  according to which investigation of such a case could be conducted by an officer

  not below the rank of Superintendent of Police. After lodging of the FIR it was

  Muhammad Arshad, SI (PW7) who was entrusted the investigation of the case

  and it was he who had gone to the place of occurrence, had recorded

  statements of the witnesses under section 161, Cr.P.C. and had arrested the

  appellant on the same day, i.e. 19.06.2009. Muhammad Amin Bukhari, SP

  (Investigation) had appeared before the trial court as PW6 and had claimed to

  have conducted the subsequent investigation of this case after the Deputy

  Inspector-General of Police/Regional Police Officer, Range Sheikhupura had

  entrusted the investigation of the case to him on 24.06.2009. That statement of

  PW6 was factually incorrect because the relevant letter of the Deputy Inspector-

  General of Police/Regional Police Officer, Range Sheikhupura was dated

  26.06.2009 as was evident from the statement of PW6 himself. The said officer

  had never visited the place of occurrence and had not recorded the statements

  of witnesses himself. Even the circumstances in which the appellant had been

  arrested in connection with this case were quite doubtful. Muhammad Arshad,

  SI (PW7) had stated before the trial court that the appellant had been arrested

  Criminal Appeal No.39-L of 2015 -: 50 :-

  by him on 19.06.2009 from the appellant’s house. Muhammad Idrees (CW1),

  however, had a different story to tell in that regard and according to him the

  religious scholars present in the public gathering had handed over the

  appellant to the police and the appellant had been arrested at the Dera of Haji

  Ali Ahmad where the public gathering was held.

  19. The argument of the learned counsel for the complainant that some

  factual assertions made by the prosecution witnesses were deemed to have

  been admitted by the defence because the prosecution witnesses were not

  cross-examined regarding those assertions and no suggestion was put to them

  regarding incorrectness of such assertions has been found by me to be

  misconceived. In the case of Nadeem Ramzan v The State (2018 SCMR 149) this

  Court had clarified while referring to the earlier cases of S. Mahmood Alam Shah

  v The State (PLD 1987 SC 250) and State v Rab Nawaz and another (PLD 1974

  SC 87) that “the principle that a fact would be deemed to be proved if the

  witness stating such fact had not been cross-examined regarding the same was

  a principle applicable to civil cases and not to criminal cases. It was held that a

  criminal case is to be decided on the basis of totality of impressions gathered

  from the circumstances of the case and not on the narrow ground of crossexamination

  or otherwise of a witness on a particular fact stated by him.”

  20. The glaring and stark contradictions in the evidence produced by the

  prosecution in respect of every factual aspect of this case, noticed by me above,

  lead to an irresistible and unfortunate impression that all those concerned in

  the case with providing evidence and conducting investigation had taken upon

  themselves not to speak the truth or at least not to divulge the whole truth. It is

  equally disturbing to note that the courts below had also, conveniently or

  otherwise, failed to advert to such contradictions and some downright

  falsehood. All concerned would have certainly done better if they had paid heed

  to what Almighty Allah has ordained in the Holy Qur’an:

  “O you who have believed, be persistently standing firm for Allah,

  witnesses in justice, and do not let the hatred of a people prevent you

  from being just. Be just, that is nearer to righteousness. And fear Allah;

  indeed, Allah is acquainted with what you do.”

  (Surah Al-Ma’idah: verse 8)

  “So follow not [personal] inclination, lest you not be just. And if you

  distort [your testimony] or refuse [to give it], then indeed Allah is ever,

  with what you do, acquainted.”

  (Surah An-Nisa: verse 135)

  Criminal Appeal No.39-L of 2015 -: 51 :-

  21. There are indications available on the record that something had

  transpired between the appellant, a Christian by faith, and her Muslim coworkers

  in the field of Falsa on the fateful day and it was in the background of

  that something that the present allegation regarding commission of blasphemy

  had belatedly been leveled against the appellant after deliberations spanning

  over five long days. It is unfortunate that all the four private witnesses

  produced by the complainant party, i.e. Qari Muhammad Salaam complainant

  (PW1), Mafia Bibi (PW2), Asma Bibi (PW3) and Muhammad Afzal (PW4) had

  remained completely silent about that something and it were the Court Witness

  namely Muhammad Idrees (CW1) and the senior investigating officer namely

  Muhammad Amin Bukhari, SP (Investigation) (PW6) who had spilled the beans

  in that regard and had shown that the boot might in fact be on the other leg!

  According to the statement made by Muhammad Idrees (CW1) before the trial

  court he had come to know that before the offending words were allegedly

  uttered by the appellant a quarrel had taken place between the appellant and

  the other female co-workers over an issue of fetching water to drink.

  Elaborating the said quarrel the said witness, owner of the relevant field of

  Falsa, had disclosed that while working together in that field on the relevant

  occasion the worker ladies wanted to drink water and the appellant was

  requested to fetch water but Mafia Bibi (PW2) and Asma Bibi (PW3) said that

  they would not drink water from the hands of the appellant because she was a

  Christian. Muhammad Amin Bukhari, SP (Investigation) (PW6) had stated

  before the trial court that it came to his knowledge during the investigation that

  during a religious discussion between the ladies working together in the field of

  Falsa on the fateful day a Muslim lady asked for water but when the appellant

  offered her water the Muslim lady refused to have/drink it from the hand of a

  Christian lady. He had also confirmed that in his statement recorded under

  section 161, Cr.P.C. Muhammad Idrees (CW1) had stated that a quarrel had

  taken place between the appellant and the ladies appearing as prosecution

  witnesses on the issue of drinking water. The record shows, and it is sad to

  note, that when taking place of such a quarrel between the appellant and Asma

  Bibi (PW3) on the issue of drinking water was suggested to the latter by the

  defence during her cross-examination she had denied that suggestion. The

  denial of that suggestion by Asma Bibi (PW3) has, however, failed to surprise

  me because in the FIR, in their statements recorded by the police under section

  161, Cr.P.C. as well as in their statements made before the trial court all the

  private witnesses belonging to the complainant party, i.e. Qari Muhammad

  Salaam complainant (PW1), Mafia Bibi (PW2), Asma Bibi (PW3) and Muhammad

  Afzal (PW4) had maintained complete silence over this factual aspect of the case

  and this fact had come to light only through the statements of a Court Witness

  and an investigating officer who were both independent witnesses.

  Criminal Appeal No.39-L of 2015 -: 52 :-

  22. The above mentioned suppression of a critical fact by the members

  of the complainant party in fact holds the key to a just, fair and correct

  decision of the present case. The record of the case shows that the

  appellant and her forefathers had been living in the same village since

  before the creation of Pakistan in the year 1947 and during all this while

  no such incident or quarrel over religions of the parties had ever taken

  place. It may be advantageous to read again what the appellant had

  stated in her statement recorded under section 342, Cr.P.C.:

  “I am married woman having two daughters. My husband is a poor

  labourer. I used to pluck Falsa from the plants of Muhammad Idrees

  along with number of ladies on the daily wages basis. On the alleged day

  of occurrence, I along with number of ladies were working in the fields.

  Both the ladies Mst. Mafia Bibi and Mst. Asma Bibi PWs quarreled with

  me over fetching water which was offered by me to bring for them but

  they refused saying that since I am Christian, so, they never took water

  from the hand of Christian. Over this, quarrel was insued and some hot

  words were exchanged between myself and the PWs ladies. The PWs then

  approached Qari Salaam complainant through his wife who remained

  teaching the both ladies, hence, the PWs were conspiring with Qari

  Salaam got a false, fabricated and fictitious case against me. I offered my

  oath to police on Bible that I had never passed such derogatory and

  shameful remarks against the Holy Prophet (PBUH) and the Holy Quran.

  I have great respect and honour to the Holy Prophet (PBUH) as well Holy

  Quran and since police had conspired with the complainant, so, the

  police has falsely booked me in this case. The PWs are real sisters and

  interested to falsely involve me in this case as they felt disgrace and

  dishonor on the basis of altercation and hard words extended to them.

  Qari Salaam complainant is also interested person and both the ladies

  remained teaching Holy Quran from his wife. My forefathers are living in

  this village since creation of Pakistan. I am also about 40 years old and

  since the alleged occurrence, no complaint likewise this never exist

  against me. I am uneducated and no priest of Christian. So much so

  there is no church of the Christian in the village, so, being ignorant of

  any Islamic thought, how can I use such clumsy and derogatory remarks

  against the beloved Prophet (PBUH) of Allah and the Divine book viz Holy

  Quran. PW Idrees is also a interested witness who has close family links

  with their above said ladies.”

  In the backdrop of that statement of the appellant, suppression of the

  fact by the complainant party about the quarrel over drinking water and

  confirmation about such quarrel by the Court Witness and the senior

  investigating officer there are two possibilities which appeal to reason:

  firstly, the appellant had uttered the offending words after her own

  religion or religious sensibilities had been insulted and injured by the

  Muslim co-workers at the spot or, secondly, due to the quarrel taking

  place between the appellant and her Muslim co-workers at the spot

  without any offending word having been uttered by the appellant the

  quarrel was reported by the Muslim ladies to others who then, after

  deliberating over the matter for five long days, had decided to go after the

  Criminal Appeal No.39-L of 2015 -: 53 :-

  appellant with a false allegation regarding commission of blasphemy.

  Both these possibilities require some examination.

  23. The statements made by Muhammad Idrees (CW1) and

  Muhammad Amin Bukhari, SP (Investigation) (PW6) before the trial court

  revealed that the alleged blasphemy had been committed by the

  Christian appellant after her Muslim co-workers had insulted the

  appellant’s religion and had injured her religious sensibilities only

  because she believed in and was a follower of Jesus Christ. According to

  the Holy Qur’an a Muslim’s faith is not complete till he believes in all the

  Holy Prophets and Messengers of Almighty Allah including Jesus Christ

  (Isa son of Maryam) (Peace Be Upon Him) and all the revealed Holy Books

  of Almighty Allah including the Holy Bible. From that perspective

  insulting the appellant’s religion by her Muslim co-workers was no less

  blasphemous. Almighty Allah, the Creator of mankind, knew how a

  human being whose religion and religious sensibilities are insulted is

  likely to snap and retort and that is why it was ordained in the Holy

  Qur’an that

  “And do not insult those they invoke other than Allah, lest they insult

  Allah in enmity without knowledge. Thus We have made pleasing to every

  community their deeds. Then to their Lord is their return, and He will

  inform them about what they used to do.”

  (Surah Al-An’am: verse 108)

  The Muslim co-workers of the appellant had violated the command of

  Almighty Allah by insulting the Deity believed in and the religion followed

  by the appellant and, even if the prosecution’s allegations against the

  appellant were to be accepted as correct, the stated reaction to the same

  by the appellant was not different from that warned about by Almighty

  Allah.

  24. In view of the glaring contradictions in the evidence produced by

  the prosecution it has appeared to me to be equally plausible that due to

  the quarrel taking place between the appellant and her Muslim coworkers

  at the spot without any offending word having been uttered by

  the appellant the quarrel was reported by the Muslim ladies to others

  who then, after deliberating over the matter for five long days, had

  decided to go after the appellant with a false allegation regarding

  commission of blasphemy. If that were so then the Muslim witnesses in

  Criminal Appeal No.39-L of 2015 -: 54 :-

  this case had violated a covenant of the Holy Prophet Muhammad (Peace

  Be Upon Him) with those professing the Christian faith. In his book The

  Covenants of the Prophet Muhammad with the Christians of the World

  (published by Angelico Press on 01.09.2013) John A. Morrow has

  referred to and reproduced many covenants entered into by the Holy

  Prophet Muhammad (Peace Be Upon Him) with people of the Christian

  faith and one of such covenants is called the Covenant of the Prophet

  Muhammad (Peace Be Upon Him) with the Monks of Mount Sinai. It is

  reported that in or around the year 628 A.D. a delegation from St.

  Catherine’s Monastery, the world’s oldest monastery located at the foot of

  Mount Sinai in Egypt, came to the Holy Prophet Muhammad (Peace Be

  Upon Him), requested for his protection and he responded by granting

  them a charter of rights. That charter, also known as The Promise to St.

  Catherine, was translated from Arabic to English language by Dr. A.

  Zahoor and Dr. Z. Haq as follows:

  "This is a message from Muhammad ibn Abdullah, as a covenant to

  those who adopt Christianity, near and far, we are with them.

  Verily I, the servants, the helpers, and my followers defend them,

  because Christians are my citizens; and by God! I hold out against

  anything that displeases them. No compulsion is to be on them. Neither

  are their judges to be removed from their jobs nor their monks from their

  monasteries. No one is to destroy a house of their religion, to damage it,

  or to carry anything from it to the Muslims' houses. Should anyone take

  any of these, he would spoil God's covenant and disobey His Prophet.

  Verily, they are my allies and have my secure charter against all that

  they hate.

  No one is to force them to travel or to oblige them to fight. The Muslims

  are to fight for them. If a female Christian is married to a Muslim, it is

  not to take place without her approval. She is not to be prevented from

  visiting her church to pray. Their churches are to be respected. They are

  neither to be prevented from repairing them nor the sacredness of their

  covenants. No one of the nation (Muslims) is to disobey the covenant till

  the Last Day (end of the world)."

  The promise made was eternal and universal and was not limited to St.

  Catherine alone. The rights conferred by the charter are inalienable and

  the Holy Prophet Muhammad (Peace Be Upon Him) had declared that

  Christians, all of them, were his allies and he equated ill treatment of

  Christians with violating God’s covenant. It is noticeable that the charter

  imposed no conditions on Christians for enjoying its privileges and it was

  enough that they were Christians. They were not required to alter their

  beliefs, they did not have to make any payments and they did not have

  any obligations. The charter was of rights without any duties and it

  Criminal Appeal No.39-L of 2015 -: 55 :-

  clearly protected the right to property, freedom of religion, freedom of

  work, and security of person.

  25. It is unfortunate that while utilizing the sacred concept of Namoose-

  Risalat (honour and dignity of Prophethood) the above mentioned

  promise made by the Holy Prophet Muhammad (Peace Be Upon Him) to

  those professing the Christian faith had not been adhered to by his

  followers in the present case. It appears that after an altercation taking

  place in the field of Falsa a feast of falsehood had followed and the

  Muslim members of the complainant party led by Qari Muhammad

  Salaam complainant had paid little heed to the following command of

  Almighty Allah in the Holy Qur’an:

  “O! ye who believe! Stand out firmly for justice, as witnesses to Allah,

  even as against yourselves, or your parents, or your kin, and whether it

  be (against) rich or poor, for Allah can best protect both. Follow not the

  lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline

  to do justice, verily Allah is well-acquainted with all that ye do.”

  (Surah Al-Nisa: verse 135)

  Even if there was some grain of truth in the allegations levelled in this

  case against the appellant still the glaring contradictions in the evidence

  of the prosecution highlighted above clearly show that the truth in this

  case had been mixed with a lot which was untrue. Even in this regard

  the Muslim witnesses belonging to the complainant party had ignored

  what had been ordained by Almighty Allah in the following verse of the

  Holy Qur’an:

  “And do not mix the truth with falsehood or conceal the truth while you

  know [it].”

  (Surah Al-Baqarah: verse 42)

  Blasphemy is a serious offence but the insult of the appellant’s religion

  and religious sensibilities by the complainant party and then mixing

  truth with falsehood in the name of the Holy Prophet Muhammad (Peace

  Be Upon Him) was also not short of being blasphemous. It is ironical that

  in the Arabic language the appellant’s name Asia means ‘sinful’ but in

  the circumstances of the present case she appears to be a person, in the

  words of Shakespeare’s King Leare, “more sinned against than sinning”.

  26. For what has been discussed above a conclusion is inescapable

  and irresistible that the prosecution had failed to prove its case against

  Criminal Appeal No.39-L of 2015 -: 56 :-

  the appellant beyond reasonable doubt. This appeal is, therefore,

  allowed, the conviction and sentence of the appellant recorded and

  upheld by the courts below are set aside and she is acquitted of the

  charge by extending the benefit of doubt to her. She shall be released

  from the jail forthwith if not required to be detained in connection with

  any other case.

  (Asif Saeed Khan Khosa)

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