It is golden principle of law that the Court should let off 100 guilty but should not
convict one innocent person. In the case of “Ayub Masih v. The State” (PLD
2002 SC 1048), it has been held by the Hon’ble Supreme Court of Pakistan that:-
“----It is hardly necessary to reiterate that the
prosecution is obliged to prove its case against the
accused beyond any reasonable doubt and if it fails to do
so the accused is entitled to the benefit of doubt as of
right. It is also firmly settled that if there is an element of
doubt as to the guilt of the accused the benefit of that
doubt must be extended to him. The doubt of course must
be reasonable and not imaginary or artificial. 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”. In simple words it means that utmost care
should be taken by the Court in convicting an accused. It
was held in “The State v. Mushtaq Ahmed” (PLD 1973
SC 418) that this rule is antithesis of haphazard approach
or reaching a fitful decision in a case. 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”.
Part of Judgment
THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Criminal Appeal312-J-02
2015 LHC 7067
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