Through this Criminal Appeal No.1599 of 2004, Shahbaz Masih (appellant) has challenged the judgment dated 25.9.2004 passed by the learned Sessions Judge, Faisalabad whereby he had convicted the appellant under Section 295-B PPC and sentenced him to imprisonment for life.
2. The occurrence in the present case had allegedly taken place on 4-06-2001 at 9-00 a.m. within the territorial jurisdiction of Police Station Sargodha Road, Faisalabad and the matter was reported by Qari Muhammad Rafique, Khateeb, Jamia Masjid Baikhi Chestia Darbar, Islamia Park, Faisalabad, complainant (PW-2) at 10-45 a.m. through application (Ex.PA) on the basis of which formal F.I.R. No. 315-2001 (Ex.PA/1) was drafted by Manzoor Hussain, ASI, (PW-1) on the same day at the police station.
3. The brief facts as narrated by Qari Muhammad Rafique complainant (PW-2) in the F.I.R. (Ex,PA/1) are that he was Khateeb in Jamia Masjid Baikhi Chestia Darbar, Islamia Park, Faisalabad, and on 11.9.2001 at about 9.00 a.m. was giving Dars-e-Quran to the children when he heard a noise in the Darbar opposite to the Mosque. Thereupon the complainant rushed towards Darbar and saw that Shahbaz alias Kaka the appellant was tearing and over running the pages of the Holy Quran under his feet, which was also witnessed by Jameel Sabir (PW-3) and Qamar Ali PW not produced. The appellant was apprehended by the people and handed over to the police alongwith ''Shaheed
(torn) pages of the Holy Quran.
4. On 04-06-2001, Sajjad Hussain SI/LO (PW-4) after receiving an information, reached Din Muammad Chesti Darbar, situated at Street No.8, Islamia Park, Faisalabad alongwith police officials, where Qari Muhammad Rafique, complainant (PW-2) handed over him application (Ex.
PA), which was sent to the police station through Shahid Ali Constable No. 4992 and then he went to get the permission from the Higher Officers and opinion regarding the said occurrence through application Ex.PC for the registration of FIR. After getting the opinion, formal FIR (Ex.PA/1) was recorded. There-after, he prepared the site-plan Ex. PE. Muhammad Rafique, complainant produced before I.O. rages of sacred leaves of Holy Quran, which were taken into possession vide recovery Memo Ex.PB and got the same attested by the PWs. He also recorded the statements of PWs under Section 161 Cr.P.C. in this regard. On 05-06-2001, he arrested Shahbaz alias Kaka (appellant) and got him the medically examined by the Doctor through an application Ex.PF and sent the appellant to Judicial lock-up on 05-052001 while declaring him guilty.
5. After completion of the investigation, report under Section 173 Cr.P.C. was submitted in the Court.
Then copies of the documents required under Section 265-C Cr.P.C were supplied to the appellant, the charge was framed which was denied by him and he claimed to be tried.
6. The prosecution in order to prove its case produced as many as 4 witnesses. The ocular account was furnished by Qari Muhammad Rafique, complainant (PW-2) and Jameel Sabir (PW-3), while the investigation was conducted by Sajjad Hussain, SI/I.O. (PW.4). Manzoor Hussain, ASI, who drafted the FIR appeared before the trial Court as PW-1.
7. After the close of the prosecution evidence, the appellant was examined under Section 342 Cr.P.C. who denied the allegation and professed his innocence. However, to a question that "why this case against you and why the PWs deposed against you?" Shahbaz alias Kaka (appellant) made the following reply:-- "The accused was a psycho patient and had been got admitted by his guardian in the psychiatric Hospital in Lahore, where he remained for quite some time, thereafter, he ran away from the Hospital and started wandering different places. On 04-06-2001 the accused was an idiot and unable to apprehend reason had been wandering near the tomb while he was wearing a cross. He was intercepted by the people of the area and handed over to the present PW, who interrogated him and found him a Christian and thus took it a desecrating act and thus out of their religious Zeal and activism connived with the I.O. of this case, who developed the proposed and booked the case u/S. 295-A & B by manipulating the facts to attract the said offence. The mental incapacity of the accused was though revealed upon the I.O. yet he manoeuvred the facts and evidence out of his religious Zeal and planted the sacred leaves by collecting the same from some Mosque or Tomb. It may be pertinent to add here that rages sacred leaves of the Holy Book can be found in almost every Mosque and Tomb for their onward burial and are kept in basket to avoid the desecration."
The appellant did not opt to make the statement under Section 340(2) Cr.P.C, but produced in his defence Dr. Pervez Ahmad Consultant, Psychiatrist Punjab Institute Mental Health Lahore as DW-1.
8. The learned trial Court after hearing the arguments of both the parties had passed the impugned judgment of conviction and sentence against the appellant. Hence, the instant appeal before this Court against the conviction of Shahbaz Masih (appellant).
9. The learned counsel for the appellant has contended that according to Section 84 of PPC, any offence committed by a insane person is not an offence; that insanity of the appellant had been proved by Dr. Pervez Ahmad, Consultant Psychiatrist Punjab Institute Mental Health Lahore (DW-1), who specifically stated from the record that the appellant remained admitted in the Mental hospital from 23-08-2000 to. 04-09-2000, but thereafter he absconded from the ward of the said Hospital and on the other hand, except for the statements of witnesses, there is no evidence that the appellant was not insane and a sick person, who was not aware of the act committed by him; that the impugned judgment had been passed by the learned trial Court without considering the medical report and the provisions of Section 84 PPC, which is liable to be set-aside and the appellant may be acquitted.
10.The learned State counsel has opposed this appeal vehemently.
11.I have heard the arguments of learned counsel for the parties and gone through the impugned judgment and entire evidence with the assistance of learned counsel for the parties with due care and caution.
12. As per prosecution version, Qari Muhammad Rafique complainant (PW-2) and Jamil Sabir (PW-3) had seen the appellant in the Darbar while over running under his feet the pages of Holy Quran after tearing the same and also throwing the same on the graves inside the bazaar, who was caught red handed by the said alongwith others at the spot and then handed over to the police alongwith the torn pages of the Holy Quran. Admittedly the appellant was resident of Lahore whereas the occurrence had taken place at Faisalabad. Both PWs 2 and 3 were cross-examined at length, but the defence failed to allege any enmity or mala fide on their part for the false implication of the appellant in the present case. Even the apprehension of the appellant at the spot was not denied. However, they were only suggested that the appellant was an insane and mentally restarted person and a run-away patient of Government Hospital for Psychiatric Diseases, Lahore at the time of the occurrence to which they denied knowledge. To prove this fact the defence produced Dr. Pervaiz Ahmad, Consultant, Psychiatrist, Punjab Institute of Mental Health, Lahore as DW-1, who brought the record from said Hospital regarding the appellant and stated that the appellant was admitted in the said hospital on 23.8.2000 and remained under their treatment till 4.9.2000, but then he absconded from the ward of the said hospital. He further stated that the most probable diagnosis at that time was bipolar effective disorder currently manic episode. He also produced certificate of admission and discharge of the appellant (Ex:D-A) issued on 15.8.2000 by the Medical Superintendent, Government Hospital for Psychiatric Diseases, Lahore.
13.What, offence has been committed by the appellant, I would like to reproduce the provisions of Section 295-B, PPC, here:-- "295-B Defiling, etc. of copy of Holy Qur'an. Whoever wilfully deifies, damages or desecrates a copy of the Holy Quran or of an extract therefrom or uses it in any derogatory manner or for any unlawful purposes shall be punishable with imprisonment for life."
According to the afore-quoted provisions, whether any person is guilty of the said offence, first of all his intention has to be accounted for.
14.On the other hand the defence has sufficiently proved on the record that at the time of the occurrence the appellant was an insane person and did not know the nature of the act done by him. As such provisions of Section 84 PPC will definitely attract in the present case, which lays down that nothing is an offence done by a person, who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law. The occurrence in the present case had taken place on 4.6.2001. The prosecution has failed to produce any evidence on the 1 record to rebut the version of the appellant supported by the evidence of time DW-1 that he was not in the state of insanity at the me of the occurrence. In the absence of such evidence that the appellant was capable of knowing the nature of the act or that he was doing what was either wrong or contrary to law at the time of the occurrence cannot be held guilty for the offence under Section 295-B PPC.
15. For the foregoing reasons, the conviction and sentence of the appellant, recorded by the learned trial Court under Section 295-B PPC is not sustainable in the eyes of law, which is set aside while allowing this Crl. Appeal and Shehbaz Masih appellant is acquitted of the charge while invoking the provisions of Section 84 PPC. He shall be released from the jail forthwith, if not required in any other criminal case. However, as it has been proved on the record that the appellant was an insane and mentally restarted person and a run-away patient of Government Hospital for Psychiatric Diseases, Lahore at the time of the occurrence, the Superintendent Jail while releasing the appellant shall make arrangements for his admission in the aforesaid Hospital for his treatment where he shall be kept as per Rules and Regulations of the said Hospital.