Conflict in the ocular account and medical evidence or presence of eyewitnesses being doubtful,

Reliance is placed on “Barkat Ali Vs. Muhammad Asif and others” (2007 SCMR 1812) and “Abdul Jabbar and another versus The State” (2019 SCMR 129), wherein the August Supreme Court of Pakistan in similar facts and circumstances has granted benefit of doubt in the following manner:-

“Once a single loophole was observed in a case presented by the prosecution, such as conflict in the ocular account and medical evidence or presence of eyewitnesses being doubtful, the benefit of such loophole/lacuna in the prosecution case automatically went in favour of an accused.”

Part Of Judgment
Lahore High Court
Murder Reference
42-16
2020 LHC 269