PLD 2020 SC 146
The Court also highlighted the difference between the legal burden and the evidential burden thus: “On a conceptual plain, Article 117 of the Order enshrines the foundational principle of our criminal justice system, whereby the accused is presumed to be innocent unless proved otherwise. Accordingly, the burden is placed on the prosecution to prove beyond doubt the guilt of the accused, generally referred to as the “legal” burden of proof, which can never be shifted to the accused, unless the legislature by express terms commands otherwise. It is only, when the prosecution is able to discharge the “legal” burden of proof by establishing the elements of the offence, which are sufficient to bring home the guilt of the accused then, the “evidential” burden is shifted upon the accused, inter alia, under Article 122 of the Order, to produce evidence of facts, which are especially in his exclusive knowledge, and practically impossible for the prosecution to prove, to avoid conviction.”
PLD 2020 SC 146
Present Mr. Justice MushirAlam, Mr. Justice Ijaz Ul Ahsan and Mr. Justice Yahya Afridi
0 Comments