25. 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
AyubMasih versus 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 convincing 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
Murder Reference642-10
2015 LHC 7528

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