Principle of natural justice demands that prosecution should led evidence of such characteristic which needs to no.............

 Crl. Appeal-Against Conviction-PPC
245-21
ABDUL GHAFFAR ETC VS STATE ETC
Mr. Justice Muhammad Tariq Nadeem
10-05-2023

Principle of natural justice demands that prosecution should led evidence of such characteristic which needs to no other conclusion except the guilt of the accused without any hint of doubt and benefit of a single doubt in the prosecution case must be extended in their favour.

it is settled law that medical evidence may confirm the ocular evidence with regard to the seat of injury, nature of the injury, kind of weapon used in the occurrence but it would not connect the accused with the commission of offence.

Although prosecution is not under obligation to establish motive in each and every murder case, but it is also a well settled principle of criminal jurisprudence that if the prosecution sets up a motive and fails to prove it, then it is the prosecution who has to suffer and not the accused.

If the prosecution fails to discharge its said obligation and there remains a reasonable doubt, not an imaginary or artificial doubt, as to the guilt of the accused person, the benefit of that doubt is to be given to the accused person as of right, not as of concession.