It is cardinal principle of criminal jurisprudence that the burden of proving the case beyond doubt against the convict securely lied upon the prosecution and it did not shift.

In the case of “Ghulam Akbar and another Vs. The State” (2008 SCMR 1064), it has been held as under:- 

“It is cardinal principle of criminal jurisprudence that the burden of proving the case beyond doubt against the convict securely lied upon the prosecution and it did not shift. Similarly, the presumption and probabilities, however, strong may be, could not take the shape of proof.” 

 Part of judgment 

IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT)

Brig (R) Kamal Rasool VS James Rollins, etc.

Criminal Appeal-131-2016 | -

Honourable Mr. Justice Ghulam Azam Qambrani