Law: Penal Code (XLV of 1860)

Section: 302

Pakistan Penal Code, 1860 (XLV of 1860)--

----S. 302--Qatl-i-amd--Conviction and sentence--Benefit of doubt--No plausible explanation was rendered by prosecution as to why statements of star witnesses were recorded after such a delay and why their names were not mentioned in FIR--This delay, by itself, casts substantial doubt on reliability of prosecution’s case--Once a single loophole is observed in a case presented by prosecution, such as conflict in ocular account and medical evidence or presence of eye-witnesses being doubtful, benefit of such loophole/lacuna in prosecution’s case automatically goes in favour of an accused--The conviction must be based on unimpeachable, trustworthy and reliable evidence--Any doubt arising in prosecution case is to be resolved in favour of accused--Prosecution has failed to prove its case beyond any reasonable doubt.

1998 SCMR 570.

Benefit of doubt--

----Principle-- It is an established principle of law and equity that it is better that 100 guilty persons should let off but one innocent person should not suffer--The peculiar facts and circumstances of present case are sufficient to cast a shadow of doubt on prosecution case, which entitles appellant to right of benefit of doubt. [P. 6] B

Right of Benefit of Doubt--

----It is a well settled principle of law that for accused to be afforded this right of benefit of doubt, it is not necessary that there should be many circumstances creating uncertainty and if there is only one doubt, benefit of same must go to accused.

PLD 2019 SC 64.

Benefit of Doubt--

----If a single circumstance creates reasonable doubt in a prudent mind about apprehension of guilt of an accused, then he/she shall be entitled to such benefit not as a matter of grace and concession, but as of right.

1995 SCMR 1345; PLD 2002 SC 1048 & 2019 SCMR 129.

 

ORDER

Syed Hasan Azhar Rizvi, J.--Criminal Appeal No. 36 of 2023: Tried by the learned Additional Sessions Judge, Pishin (trial Court) in case FIR No. 52 of 2016 dated 27.03.2016 registered under Section 302, P.P.C. at Police Station Pishin, the appellant was convicted and sentenced vide judgment dated 25.09.2017 as under: