Criminal Law
Benefit of Doubt — Supreme Court & High Court Judgments of Pakistan
A person accused of a crime is entitled to acquittal when a reasonable doubt remains after the prosecution evidence is assessed as a whole. One material doubt is enough; the rule is a legal right, not a concession.
Relevant law
Statutory provisions
- Article 10A, Constitution of Pakistan
- Articles 117–119, Qanun-e-Shahadat Order, 1984
Automatically updated
Latest relevant judgments and articles
Umar Hayat v. The State; Ayesha Bibi v. Muhammad Zaman alias Adnan and others
Citation: Not approved for reporting; no reported citation stated
The contradictions concerning Umar Hayat's alleged firing and the location of injuries were material and resembled those that led to the co-accused's acquittal. With no weapon recovery, proved motive or independent corroboration, his case could not safely be separated from the same doubtful ocular account. The grain-from-chaff principle was inapplicable because no reliable part against him could be isolated.
Nazim Ali v. The State etc.
Citation: Not approved for reporting; no reported citation stated
The eyewitnesses did not satisfactorily explain their presence, the indiscriminate-firing account appeared improbable, the alleged weapon did not match a crime empty, the forensic report confused the person and weapon associated with the .44-bore rifle, the site plan contained material gaps, and the alleged motive was not proved. These record-based doubts made the conviction unsafe.