QAISER AYUB vs State Ss — 2023 YLR 2663 LAHORE-HIGH-COURT-LAHORE

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QAISER AYUB VS State Ss. 295-a, 295-B & 295-C---Criminal Procedure Code (V of 1898), S. 103---Qanun-e-Shahadat (10 of 1984), art.40---Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs, defiling, etc., of Holy Qur'an, use of derogatory remarks, etc., in respect of the Holy Prophet---appreciation of evidence---Non-association of private witnesses during recovery of various articles---Inconsequential---accused were charged for publishing blasphemous material in the shape of portraits and articles through their website and giving wrong references from the Holy Quran in order to derogate and insult the Holy Prophet (PBUH) and excruciated the feelings and emotions of Muslims of all over the world, particularly those living in Pakistan---Case of prosecution was mainly resting upon the recovery of various articles effected from both the accused which included computers, CPUs and laptops etc.---From the recovered computers and laptops, blasphemous material was recovered in pursuance of digital forensic---accused made a disclosure before S.P. and got recovered articles, i.e. CPUs, CDs, Wi-Fi devices, External devices, Laptops, Telephone set and other gadgets---Similarly, other accused was also arrested in the case and from his personal search a mobile phone along with SIM was recovered---Other accused made a disclosure and got recovered a laptop from the house of his father-in-law which was taken into possession---Proceedings, which led to the recovery of said articles were challenged on the ground that those were conducted without adhering to the provisions of S. 103, Cr.P.C., as no independent person from the vicinity was made witness---Noticeable that the articles were recovered in pursuance of the disclosure and pointation of the accused persons, witnessed by aSI and SP---articles were recovered from places within the exclusive knowledge of both the accused persons and no one knew prior to recoveries that the computers and laptops had same blasphemous material which was uploaded on the internet---Said feature brought the recovery proceedings within the purview of art. 40 of Qanun-e-Shahdat Order, 1984---Such proceedings gained legal credibility even if witnessed by two persons not necessarily hailing from the same neighbourhood---admittedly, aSI and S.P provided all the necessary detail of recovery proceedings and their deposition did not giving rise to any legal flaw---Circumstances established that the prosecution had proved its case against the accused persons beyond any shadow of doubt---appeal against conviction was accordingly dismissed.

QAISER AYUB vs State Ss — 2023 YLR 2663 LAHORE-HIGH-COURT-LAHORE

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