Sajid Ali vs State Ss — 2025 PCrLJ 1412 LAHORE-HIGH-COURT-LAHORE

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Sajid Ali VS State Ss. 295-C & 298-a---Making derogatory remarks against the Holy Prophet (peace be upon him), use of derogatory remarks, etc., in respect of holy personages---appreciation of evidence---Benefit of doubt---Delay of nine hours in reporting the matter to the police --- accused was charged for speaking words defiling the sacred name of the Holy Prophet (peace be upon him), and the sacred names of the wives, members of the family of the Holy Property (peace be upon him) and the righteous Caliphs and companions of the Holy Property (peace be upon him) in the presence of witnesses---as per record the matter was reported to the police on 10.04.2020 at 09.30 p.m., when the complainant submitted the written application to police for the registration of the FIR upon which Incharge Police Post entered Rapt No.18 and sent the said application to the police station for the registration of the FIR whereas the incident had taken place on 10.04.2020 at 06.45 am---In that manner, the delay in reporting the matter to the police was of about nine hours, for which delay no reason, much less plausible, was offered---No justification, much less credible, had been given by the prosecution at any stage for such deferral in reporting the matter to the police and the delay in submitting the written application by complainantto the Incharge Police Post---However, the said Police Post was at a short distance from the place where the incident took place and still none of the prosecution witnesses reported the matter to the police for such a long period---In that case, the statements of the prosecution witnesses suffered from legal and factual infirmities and did not appeal to a prudent mind, much less a legal one, because the prosecution witnesses never reported the matter to the police for as many as nine hours---Said inordinate delay in reporting the matter conclusively proved that the written application submitted by complainant to Incharge Police Post was prepared after probe, consultation, planning,investigation and discussion---Scrutiny of the statements of the prosecution witnesses revealed that the written application submitted by complainant was neither prompt nor spontaneous nor natural, rather was a contrived, manufactured and a compromised document---Sufficient doubts had arisen and inference against the prosecution had to be drawn in that regard---appeal against conviction was allowed, in circumstances.

Sajid Ali vs State Ss — 2025 PCrLJ 1412 LAHORE-HIGH-COURT-LAHORE

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