Man acquitted in blasphemy case due to ‘doubtful’ testimony

A sessions court has acquitted a man in a blasphemy case, citing "doubtful" testimony of the complainant who accused him of making blasphemous remarks last year.

The accused had been arrested by the Ferozabad police on February 6, 2024 for allegedly uttering blasphemous words. Additional Sessions Judge (East) Naseer Noor Khan observed that the prosecution failed to establish its case against the accused beyond the shadow of reasonable doubt.

"It is admitted fact that the derogatory/ blasphemous remarks are neither mentioned in the FIR nor in the challan nor in the evidence of the complainant recorded by this court and complainant himself has frankly admitted that he cannot repeat such derogatory remarks even in evidence," he added.

"Here it will not be out [of] place to mention that admittedly except complainant and his wife, none else heard accused allegedly uttering blasphemous remarks." The judge pointed out that the prosecution also did not produce the complainant's wife to testify against the accused "for the reasons best known to the prosecution."

"So in my humble opinion, prosecution has failed to prove the charge against the accused as the complainant did not mention the blasphemous remarks in his FIR nor in his evidence which has created reasonable doubts," he added. The judge said a private witness also frankly admitted that he had not heard the exact words uttered by the accused with his own ears.

He highlighted that as per the investigation officer, the investigation into the case was not conducted by a superintendent of police (SP). As per Section 156-A of the Criminal Procedure Code, an offence punishable under Section 295-C (use of derogatory remarks, etc., in respect of the Holy Prophet) of the Pakistan Penal Code (PPC) must be investigated by a police officer not below the rank of superintendent of police, he said.

"Since, in this case, investigation is admittedly not conducted by the Superintendent of Police, as admitted by the IO police inspector Ghulam Murtaza Abbasi, therefore, the case of prosecution is legally not free from reasonable doubt which may arise in a prudent mind."

The court ordered jail authorities to release the accused forthwith if he was not required in any case. In his statement, the accused, who was represented by Advocate S. M. Zulkufil Haider, claimed that the complainant gave false testimony against him.

He said the incident began when the complainant, while turning his car, splashed sewage water onto his clothes. When he questioned the complainant about it, the complainant became annoyed, threatened to teach him a lesson, and later at the next roundabout, grabbed him, made false allegations, and had him arrested, he alleged.