Law: Pakistan Penal Code, 1860

Section: 302(b),452

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) 452--Conviction and sentence--Challenge to--Benefit of doubt--Testimony of chance witness--Medical evidence--Held: It is, by now well-established principle of law that it is prosecution, which has to prove its case against accused by standing on its own legs, but in this case prosecution remained failed to discharge its responsibility-- The prosecution is under obligation to prove its case against accused person at standard of proof required in criminal cases, namely, beyond reasonable doubt standard, and cannot be said to have discharged this obligation by producing evidence that merely meets preponderance of probability standard applied in civil cases--If prosecution fails to discharge its said obligation and there remains a reasonable doubt, not an imaginary or artificial doubt, as to guilt of accused person, benefit of that doubt is to be given to accused person as of right, not as of concession--The rule of giving benefit of doubt to accused person is essentially a rule of caution and prudence, and is deep rooted in our jurisprudence for safe administration of criminal justice--In common law, it is based on maxim, “It is better that ten guilty persons be acquitted rather than one innocent person be convicted”--While in Islamic criminal law it is based on high authority of sayings of Holy Prophet of Islam (peace be upon him): “Avert punishments [hudood] when there are doubts”; and “Drive off ordained crimes from Muslims as far as you can--If there is any place of refuge for him [accused], let him have his way, because leader’s mistake in pardon is better than his mistake in punishment”. [Pp. 310 311] G, I J Testimony of chance witness-- ----It has now been well settled that for conviction of an accused person it would be highly unsafe to rely upon testimony of a chance witness when remained uncorroborated and for conviction of a accused on capital charge on basis of testimony of chance witness, Court has to be at guard and corroboration has to be sought for relying upon such evidence. [P. 306] A 2017 SCMR 1710. Chance witness-- ----Testimony of chance witness, ordinarily, is not accepted unless…

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