Law: Pakistan Penal Code, 1860

Section: 223

(a) Penal Code (XLV of 1860)--- ----S. 223---Escape from confinement or custody due to negligence of public servant---Appreciation of evidence---Benefit of doubt---Prosecution case was that an undertrial prisoner was admitted in the hospital due to urinal pain, who escaped from the hospital, when the accused-appellant (Police officials) were on duty---Accused appellants were held guilty of negligence which resulted into the escape---Offence wherein the accused-appellants had been convicted was of two folds, first that said public servants were bound to keep the prisoner in confinement and that the escape must have been due to the negligence of said police officials---Prosecution, in such cases, must establish that burden was upon the officials to disprove that escape was not the result of their negligence---In the present case, nothing was brought on record with regard to duty of accused-applicants over the escaped undertrial prisoner or at such place---Duties of police officials including that of jail were regulated under entries in the relevant record---Prosecution was required to produce such entries on record but no such entry or proof had been produced---In absence of such proof, conviction could not be sustained---Circumstances established that case of prosecution was not free from doubt, benefit of which would resolve in favour of accused-appellants---Accused-appellants were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Criminal trial--- ----Benefit of doubt---Principle---Single infirmity creating reasonable doubt was sufficient for giving benefit of doubt to the accused. Muhammad Luqman v. The State PLD 1970 SC 10 rel. THIS JUDGMENT PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- Through instant criminal revision application, applicants have challenged the concurrent findings recorded by trial Court as well appellate Court, whereby applicants have been convicted for one year rigorous imprisonment. 2. Case of the prosecution is that one UTP namely Muhammad Ramzan, due to urinal pain was referred to Civil Hospital Sanghar and he was admitted by the hospital administration. On 24.09.2007, on visit,…

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