Law: Pakistan Penal Code (XLV of 1860)

Section: 302

Law: Evidence Act, (1 of 1872)

Section: 3

Penal Code (XLV of 1860),S. 302---Murder conviction----Should rest surely and firmly on evidence adduced and clear inference that may be drawn there from---Guilt cannot be based merely on high probabilities that may be inferred from evidence in case----Evidence Act (I of 1872), S. 3.The High Court in a murder case observed that "the findings of a Court may not be wholly dependent on evidence alone" and by reference to the definition of word "proved" given in the Evidence Act, 1872 remarked "the Court is, therefore, not bound to base its findings on evidence alone as mentioned in the Evidence Act, but has to see the high probabilities regarding the existence or non-existence of a fact after considering the matter before the Court"Held, it may be said that a finding of guilt against an accused person cannot be based merely on the high probabilities that may be inferred from evidence in a given case. The…