PHC upholds man's life sentence in Quran desecration case

PESHAWAR: The Peshawar High Court has upheld the life imprisonment of a man convicted by a trial court for desecrating the Holy Quran at a graveyard in Peshawar more than five years ago.

A bench comprising Justice Sahibzada Asadullah and Justice Babar Sattar ruled that the prosecution had proved its case against the appellant beyond reasonable doubt and that the trial court had correctly convicted him after properly evaluating the evidence on record. The detailed 49-page judgement was authored by Justice Sahibzada Asadullah.

The appellant, a resident of Peshawar, and a co-accused were convicted by the trial court on March 14, 2025. They were found guilty under Section 295-B of the Pakistan Penal Code, relating to defiling or desecrating a copy of the Holy Quran, and Section 297, concerning trespass at a place of burial. The trial court sentenced both men to life imprisonment under Section 295-B and one year in prison under Section 297.

While the present appellant challenged his conviction before the high court, the other convict did not file an appeal.

Case background

According to the judgement, the two men were charged in an FIR registered at Shahpur police station in Peshawar on May 8, 2021, under various provisions of the PPC. The prosecution said some villagers had been offering Taraveeh prayers at a mosque when, after coming out, they noticed suspicious activity at a nearby graveyard.

The complainant and other witnesses then went to the graveyard, where they allegedly saw the two accused burning pages of the Holy Quran. The prosecution also said a puppy had been slaughtered and was lying nearby in an injured condition. It further maintained that the accused had used the dog’s blood as part of a ritual linked to witchcraft and occult practices.

The judgement noted that both convicts recorded confessional statements the following day in which they admitted involvement in sorcery. However, the appellant claimed that the co-accused was the main offender and that his own role had been limited to supportive acts.

Court’s findings

In examining the witness accounts, the bench said the prosecution witnesses had described in detail how they reached the site, saw the incriminating material, apprehended the accused and informed the police. “These witnesses narrated in considerable detail the circumstances under which they allegedly reached the place of occurrence, observed the incriminating articles, apprehended the accused, and informed the police.”

The bench said the witnesses were consistent on the main features of the incident, including the presence of burnt pages of the Holy Quran, ashes recovered from the scene, an injured puppy, a bloodstained knife and the circumstances in which the criminal case was registered. “Their testimonies remained substantially harmonious regarding the essential features of the occurrence, namely the presence of the burnt pages of the Holy Qur’an, the ashes recovered from the scene, the injured puppy, the bloodstained knife, and the circumstances leading to the registration of the criminal case,” it noted.

The judgement said the defence subjected the witnesses to extensive cross-examination but could not produce any material contradiction that would undermine the prosecution case. The bench also noted that the defence failed to show any prior enmity, personal hostility or ulterior motive that could explain false implication in such a serious case. “A close and careful examination of their depositions reveals that each witness was subjected to lengthy, searching, and, at times, penetrating cross-examination. Yet the defence, despite considerable effort, was unable to extract any contradiction of consequence capable of striking at the core of the prosecution case.”

“Equally significant is the fact that the defense failed to establish the existence of any personal animosity, prior hostility, or ulterior motive that could have prompted these witnesses to falsely implicate the accused in an occurrence carrying such grave consequences,” it added.

Observations in judgement

The bench also cited verses from the Holy Quran and traditions of the Holy Prophet (peace be upon him) while discussing sorcery and occult practices. It observed that Islamic sources condemn such acts and warn of their consequences.

“The Holy Quran expressly refers to the practice of magic and warns against those who pursue it, while the Prophetic traditions classify sorcery amongst the gravest of sins,” the bench said.

“The foregoing verses unequivocally condemn sorcery and allied practices, warn against their consequences, and declare the ultimate futility of those who engage therein. The condemnation of sorcery and occult practices is firmly rooted in the primary sources of Islamic law. The Holy Quran does not merely acknowledge the existence of magic, it expressly warns mankind against its pursuit and portrays it as a means of misguidance and spiritual ruin,” it further adderd.

At the same time, the court said its discussion was not meant to replace the legal requirement of proof or to decide cases on emotion, public reaction or religious outrage.

“It is not the function of a court of law to convict on the basis of emotion, public sentiment, religious outrage, or philosophical reflection nor is it the purpose of these introductory observations to suggest that the accused must necessarily be guilty of the allegations levelled against them. No individual can be condemned merely because the allegations against him appear grave, offensive, or morally disturbing. The law requires proof, and proof alone. Accordingly, this Court does not approach the present matter with a preconceived conclusion,” the court concluded.