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---Substantial delay in recording the statements of witnesses---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---Statements of the prosecution witnesses were also recorded with substantial delay, without any explanation for the said delay---Initially even after receiving the application from complainant, the Incharge Police Post admitted that he did not record the statement of any witness on 10.04.2020 even after his arrival at the place of incident and his stay there for as much as more than an hour---Investigating Officer of the case admitted that he visited the place of the incident for the first time on 15.04.2020 and even on that day he only recorded the statements under S.161,Cr.P.C., of complainant and a witness, whereas the statements of the other witnesses were recorded on 28.05.2020---all the prosecution witnesses admittedly did not provide any reason for not getting their statements recorded with promptitude and why the matter was delayed by them---Said delay in getting their statements recorded to the police clearly proved the fact that the prosecution witnesses were not present at the time of the incident---Delayed recording of the statement of a prosecution witness under S.161,Cr.P.C., reduced its value to nothing unless there was plausible explanation for such delay---No explanation, much less plausible, had been given by the prosecution witnesses for them not getting their statements under S.161,Cr.P.C., recorded immediately and therefore no value could be attached to their statements---appeal against conviction was allowed, in circumstances.

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

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