PESHAWAR: A Peshawar sessions court has sentenced Afghan national to death and fined him Rs100,000 after convicting him in a blasphemy case registered in August 2022, with the sentence subject to confirmation by the Peshawar High Court.<\/p>\n\n\n\n
Additional Sessions Judge Rafiullah ruled that the prosecution had proved its case beyond reasonable doubt under Section 295-C of the Pakistan Penal Code (PPC).<\/p>\n\n\n\n
The court directed that a reference under Section 374 of the Code of Criminal Procedure, along with the complete case record, be sent to the Peshawar High Court for confirmation of the death sentence or any other order in accordance with the law.<\/p>\n\n\n\n
The court also ordered that the convict serve an additional six months in prison if he failed to pay the fine.<\/p>\n\n\n\n
According to the prosecution, the case was registered at Hayatabad police station on August 5, 2022, after the accused allegedly made blasphemous remarks at the Phase-III flyover in Hayatabad, Peshawar.<\/p>\n\n\n\n
The first information report stated that police reached the site after receiving information that a crowd had gathered and apprehended a man. He was subsequently taken into police custody.<\/p>\n\n\n\n
Three eyewitnesses told police that the accused had made derogatory and abusive remarks about the Holy Prophet Muhammad (PBUH), according to the court proceedings. One witness also testified that the accused had used abusive language about prophets including Hazrat Essa (AS) and Hazrat Musa (AS).<\/p>\n\n\n\n
The complainant said the accused was overpowered with the help of other people present at the scene before being handed over to the police.<\/p>\n\n\n\n
In its detailed 21-page judgment, the court held that the prosecution had established the charge and said there was no evidence of enmity, bad faith or an ulterior motive that would suggest the witnesses had falsely implicated the accused.<\/p>\n\n\n\n
The judge referred to a 1991 Federal Shariat Court judgment concerning Section 295-C of the PPC and its interpretation of the punishment prescribed for the offence.<\/p>\n\n\n\n
The court also considered the medical examinations conducted after the accused\u2019s arrest. According to the judgment, he was examined on August 6 and again on August 7, 2022, and was declared fit for custody on both occasions.<\/p>\n\n\n\n
The judge said the record contained no evidence that the accused had a mental disorder or disability at the time of the alleged offence. The judgment also noted that no report indicating such a condition had been submitted by the superintendent of Central Prison Peshawar during his confinement.<\/p>\n\n\n\n
During the trial, the defence challenged aspects of the prosecution\u2019s account, including the presence of the complainant and eyewitnesses at the scene.<\/p>\n\n\n\n
Defence counsel argued that the complainant, a permanent resident of Mardan district, and witnesses from different localities had not provided a satisfactory explanation for their presence at the place of occurrence.<\/p>\n\n\n\n
The defence also argued that the precise words allegedly uttered by the accused were not included in the initial report or the formal FIR, raising questions about the exact nature of the alleged offence.<\/p>\n\n\n\n
Counsel further contended that the prosecution evidence contained material inconsistencies regarding the alleged remarks.<\/p>\n\n\n\n
The court considered the prosecution evidence and defence arguments before delivering its verdict.<\/p>\n\n\n\n
The judgment stated that no lawyer was willing to represent the accused and that he was unable to arrange counsel at his own expense.<\/p>\n\n\n\n
A lawyer was therefore appointed for him through the Legal Aid Committee operating under the chairmanship of the district and sessions judge.<\/p>\n\n\n\n
The death sentence will now be examined by the Peshawar High Court, which will decide whether to confirm it in accordance with the law.<\/p>\n\n\n\n
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