Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Burden of proof---Onus---Duty of prosecution---Benefit of doubt---Prosecution primarily was bound to establish guilt against accused without shadow of reasonable doubt by producing trustworthy, convincing and coherent evidence, enabling the Court to draw conclusion whether prosecution had succeeded in establishing accusation against accused or otherwise---If the Court came to the conclusion that the charges so imputed against accused, had not been proved beyond reasonable doubt, then accused would become entitled to his release on getting benefit of doubt in prosecution ease---Initial burden of proof would continue to be on prosecution and it was only when it had rendered a reasonable proof before the Trial Court qua the guilt of an accused that onus would shift on accused to prove his innocence---Evidence furnished by interested witness ordinarily could not be discarded merely for the reason that they had relationship with the victim---Duty of the Court was to look forward for corroboration of such evidence from independent source with the view to explore truth for the purpose of reaching at a just conclusion---If a best piece of evidence available with a party was withheld, then it would be presumed that said party had some sinister motive, for withholding same---For safe administration of justice, an accused had only to show a dent having created in the case of prosecution and that he was entitled to benefit of even a single doubt found in the evidence of prosecution; and that he had to show that its case suffered from more than one doubt---Accused could not be held guilty for a crime on the basis of probabilities and high presumptions; and no one would be construed into a crime without legal proof---Court had to see whether prosecution had been able to prove case against a person who had been charged to face the trial on a capital charge---If eye-witnesses were disbelieved against some accused persons, who had been attributed similar role qua acquitted co-accused, then such eye-witness, could not be believed against other co-accused persons unless they received independant…

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