Axiomatic principle of law that in case of doubt, the benefit thereof must accrue in favour of the accused

The Hon’ble Supreme Court of Pakistan while reiterating the same principle in the case of Muhammad Akram v. The State (2009 SCMR 230), at page 236, observed as under:- “

13. …It is an axiomatic principle of law that in case of doubt, the benefit 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 Pervez 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

THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT 

Criminal Appeal
38-15

2015 LHC 6231