Principle of law that conviction must be founded on unimpeachable evidence and certainty of guilt

In this regard, I am fortified by the dictum laid down in the case titled ”Muhammad Khan and another versus The State” reported as 1999 SCMR 1220, relevant para whereof reads as under:- 

”It is axiomatic and universally recognized principle of law that conviction must be founded on unimpeachable evidence and certainty of guilt and hence any doubt that arises in the prosecution case must be resolved in favour of the accused. It is, therefore, imperative for the Court to examine and consider all the relevant events preceding and leading to the occurrence so as to arrive at a correct conclusion. Where the evidence examined by the prosecution is found inherently unreliable, improbable and against natural course of human conduct, then the conclusion must be that the prosecution failed to prove guilt beyond reasonable doubt. It would be unsafe to rely on the ocular evidence which has been moulded, changed and improved step by step so as to fit in with the other evidence on record. It is obvious that truth and falsity of the prosecution case can only be judged when the entire evidence and circumstances are scrutinized and examined in its correct perspective.”

Part of Judgment

THE LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

Criminal Appeal
91-J-16

2017 LHC 4946