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

Supreme Court of Pakistan (Appellate Jurisdiction)

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.

Supreme Court of Pakistan (Appellate Jurisdiction)

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.