2021 M L D 1809
(a) Penal Code (XLV of 1860)---
----Ss.302(b), 392, 397 & 34---Qanun-e-Shahadat (10 of 1984), Arts.38 & 39---Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt and common intention---Confession by accused while in custody not to be proved against him---Search to be made in presence of witnesses---Appreciation of evidence---Benefit of doubt---Accused along with another was alleged to have fired at the deceased, who was a security guard at a restaurant---Complainant was not an eye-witness of the incident and the eye-witness produced by the prosecution was not associated as a witness of the case and nowhere in the FIR his presence was mentioned---Said witness stated that he had fired upon the culprits but neither weapon nor the empties were produced before the court---Investigating Officer had stated that the son of deceased had made an application for re-opening the investigation stating therein that his cousin had killed his father due to dispute over some properties---Mere admission of accused before the police officials regarding the guilt had no value and was violation of Arts. 38 and 39 of Qanun-e-Shahadat, 1984---No independent witness of the recovery of pistol was available which was violative of S.103, Cr.P.C---Prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.
(b) Criminal trial---
----Benefit of doubt---Scope---Benefit of doubt must go to the accused not as a matter of grace but of right.
(c) Criminal trial---
----Evidence---Circumstantial evidence---Benefit of doubt---Scope---Every chain should be linked with each other in cases based on circumstantial evidence and if any chain/link is missing then its benefit should be given to the accused.
(d) Criminal trial---
----Benefit of doubt---Scope---Prosecution is bound to prove its case beyond any shadow of doubt---If any reasonable doubt arises from the prosecution case which pricks the judicial mind benefit of the same is to be extended to the accused not as a matter of grace or concession but as a matter of right.
(e) Criminal trial---
----Benefit of doubt---Scope---Existence of so many doubts in the prosecution case were not needed rather single reasonable doubt arising from it could crumble the whole edifice of the prosecution case.
(f) Criminal trial---
----Benefit of doubt---Scope---Better to acquit hundred culprits than convicting one innocent man.
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