“Defence of accused being plausible making prosecution
case against them doubtful—Accused not found to have
exceeded right of private defence of their person having
received numerous and serious injuries—Conviction and
sentence of accused was set aside in circumstances.
In a criminal case, it is the duty of the Court to review
the entire evidence that has been produced by the
prosecution and the defence. If, after an examination of the
whole evidence, the Court is of the opinion that there is a
reasonable possibility that the defence put forward by the
accused might be true, it is clear that such a view reacts on
the whole prosecution case. In these circumstances, the
accused is entitled to the benefit of doubt, not as a matter of
grace, but as of right, because the prosecution has not
proved its case beyond reasonable doubt.”
(1985 SCMR 510),
Used in Judgment of:
Lahore High Court
| Criminal Appeal 248-14 |
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