Established principle of criminal law that prosecution remains under heavy burden to prove the charge beyond any shadow of doubt.

11. As regards vicarious liability, suffice to say that prosecution has not been able to bring any evidence on the record in order to establish the same. In the absence of any cogent evidence on this dimension, the plea of vicarious liability raised by the prosecution appellants is not proved. It is an established principle of criminal law that prosecution remains under heavy burden to prove the charge beyond any shadow of doubt. In the instant case, the prosecution has failed to bring the guilt home to the appellants beyond any shadow of doubt. For given the benefit of doubt, it is not necessary that there should be many circumstances creating doubts. Single circumstance creating reasonable doubt in a prudent mind about the guilt of accused makes him entitled to its benefit as held in the case of iftikhar Hussain and others vs. The State (2004 SCMR 1185).  

 Part of Judgment

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT

Criminal Appeal
637-08

2015 LHC 6600