Islamic Law and is enforced rigorously in view of the saying of the Holy Prophet (p.b.u.h) that the “mistake of Qazi (Judge) in releasing a criminal is better than his mistake in punishing an innocent.

 Same principle was also followed by the Hon’ble Supreme Court of Pakistan in the case of Ayub Masih v. The State (PLD 2002 SC 1048), wherein, at page 1056, it was observed as under:-

“…. It will not be out of place to mention here that this rule occupies a pivotal place in the Islamic Law and is enforced rigorously in view of the saying of the Holy Prophet (p.b.u.h) that the “mistake of Qazi (Judge) in releasing a criminal is better than his mistake in punishing an innocent.” 

In supra mentioned case of Ayub Masih, the Hon’ble Supreme Court was also pleased to observe as under:

 “…The rule of benefit of doubt, which is described as the golden rule, is essentially a rule of prudence which cannot be ignored while dispensing justice in accordance with law. It is based on the maxim, “it is better that ten guilty persons be acquitted rather than one innocent person be convicted”…” 

Part Of Judgment
IN THE LAHORE HIGH COURT BAHAWALPUR BENCH  
Criminal Appeal
426-14

2017 LHC 3491