Article 122 of the Qanun-e-Shahadat Order too stipulates

QANUN-E-SHAHADAT ORDER

Those vulnerable members of society, such as children, women and the infirm, who were living with the accused or were last in his company the accused ought to offer some explanation of what happened to them. If instead he remains silent or offers a false explanation he casts a shadow upon himself. This does not mean that the burden of proof has shifted onto the accused as it is for the prosecution to prove its case, however, in respect of the helpless or the weak that require protection or care it would not be sufficient for the accused to stay silent in circumstances which tend to incriminate him, and if he elects to do so he lightens the burden of the prosecution. Article 122 of the Qanun-e-Shahadat Order too stipulatesal that if a particular fact is especially within the knowledge of any person the burden of proving that fact is upon him.

2015 S C M R 710