Accrue in favour of the accused as matter of right

The accused is always considered to be entitled to the benefit of doubt as a matter of right and not grace. Reliance is placed on the case titled “MUHAMMAD AKRAM versus THE STATE” (2009 SCMR 230) wherein at page No.236, it has been held as under:- 

“It is an axiomatic principle of law that in case of doubt, the benefit of thereof must accrue in favour of the accused as matter of right and not of grace. It was observed by this Court in the case of Tariq Pervaiz v. The State 1995 SCMR 1345 that for giving the benefit of doubt, it was not necessary that there should be many circumstances creating doubts. If there is circumstance which created reasonable doubt in a prudent mind about the guilt of the accused, then the accused would be entitled to the benefit of doubt not as a matter of grace and concession but as a matter of right.”

Part of Judgment

LAHORE HIGH COURT MULTAN BENCH MULTAN (JUDICIAL DEPARTMENT) 

Criminal Appeal
191-14

2017 LHC 4795