2023 SCMR 2109
295-B --- Defiling of Holy evidence --- Petition for leave to appeal challenging acquittal of accused , dismissal of --- Person of unsound mind --- Possibility of are material false implication --- Record shows that there contradictions in the statements of the complainant as well as the prosecution witnesses --- Apparently , the accused / respondent is uncle of the complainant and a witness is a friend of the complainant , and there was a land dispute between the parties --- Two independent witnesses have been abandoned , thus an adverse inference has to be drawn against the prosecution ---
Torn pieces and damaged book ( Holy Quran ) which were taken by the complainant from the scene of occurrence to the mosque , as narrated in the FIR , were neither produced during the investigation nor ' moulvi ' who took the torn pieces of Holy Quran , appeared as a witness --- Accused / respondent was found to be an abnormal person by the Investigating Officer at the time of his arrest and was referred for medical examination but the same had not been taken into its logical conclusion --- However . the accused / respondent produced a certificate regarding the fact that he was an abnormal person at the time of incident which fact was not objected to by the prosecution --- Prosecution has failed to prove its case against the accused / respondent through sound , cogent and confidence inspiring evidence -- Petition challenging acquittal of accused was dismissed and leave was declined .
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