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  • GP-P 25-28

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    Sami Ullah Khan Niazi
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    The document discusses several court cases related to standards of evidence required for conviction. It notes that medical evidence alone is not sufficient for conviction, occurrence must be within 45 days of FIR, and alibi evidence in documentary form is available for the accused. Negative chemical examiner reports showed no poison or traces, so cases were disproved. Witness evidence was found to be not credible in one case. Prosecution witnesses did not support the FIR so the charge was disproved and the accused acquitted. Conviction must be based on relevant facts proved, and cannot be based on probabilities alone. When two views are possible, the view favoring the accused must be given. Benefit of doubt is always given to the accused

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    gp-P 25-28

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    The document discusses several court cases related to standards of evidence required for conviction. It notes that medical evidence alone is not sufficient for conviction, occurrence must be within 45 days of FIR, and alibi evidence in documentary form is available for the accused. Negative chemical examiner reports showed no poison or traces, so cases were disproved. Witness evidence was found to be not credible in one case. Prosecution witnesses did not support the FIR so the charge was disproved and the accused acquitted. Conviction must be based on relevant facts proved, and cannot be based on probabilities alone. When two views are possible, the view favoring the accused must be given. Benefit of doubt is always given to the accused

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    5 views3 pages

    GP-P 25-28

    Uploaded by

    Sami Ullah Khan Niazi
    The document discusses several court cases related to standards of evidence required for conviction. It notes that medical evidence alone is not sufficient for conviction, occurrence must be within 45 days of FIR, and alibi evidence in documentary form is available for the accused. Negative chemical examiner reports showed no poison or traces, so cases were disproved. Witness evidence was found to be not credible in one case. Prosecution witnesses did not support the FIR so the charge was disproved and the accused acquitted. Conviction must be based on relevant facts proved, and cannot be based on probabilities alone. When two views are possible, the view favoring the accused must be given. Benefit of doubt is always given to the accused

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    Unseen occurrence medical evidence of no help in

    such case conviction could not be held on the basis


    of medical basis alone
    2019 MLD-1808
    Occurrence which was unseen to place 45 days
    period to lodging of FIR, most of the witnesses in the
    case was police officials
    2019 PCRLJ 46
    1999 SCMR 1220
    2017 SCMR 144
    PLD 2005-SC-63
    2017 SCMR -724
    Plea of Alibi of accused was available on record in
    shape of documentary evidence
    PLD 1951-LH-66
    2022 SCMR -1567
    In initial report of chemical examiner traces of chars
    were not found impugned FIR quashed
    2009 SCMR-141
    Negative report of chemical examiner showed that
    no poison had been detected inside the body of
    deceased case was disproved
    2014 SCMR-1197
    Magistrate by holding that evidence of witness was
    not confidence inspiring and could not be relied
    upon after court would be justified to give a finding
    that charge was groundless.
    2003 YLR-2749
    Prosecution witnesses did not support the FIR thus
    charge was disproved. accused acquitted by the
    court
    2011 PCRLJ-933
    Non-existence so probable uncertainty about the
    truth proof practice after doubt conviction or
    persuasion of the mind of judge by the exhibition of
    evidence.
    In the view of Art 161 of Qanoon e Shahadat
    “Provided that judgement must be based upon fact
    declared by this order to be relevant and duly
    proved”.
    Finding of guilt against accused cannot be based
    merely on the high probabilities that may be inferred
    from evidence in a genuine case.
    PLD 1970 -SC -10
    PLD 2003 -SC -56
    2012 PCR-R (LH) 30
    2016 SCMR -1019
    2008 SCMR -336
    2009 CRLJ 715
    When two views are possible then the view favoring
    the accused be given preference, coupled with fact
    that benefit of doubt always gives to accused.
    PLJ 2013 CRC -(LH) 18
    Benefit of doubt as to right, is to be given to the
    accused when there is equal possibility of the
    accused being guilty or not.
    PLJ 1984 -SC-61
    PLJ 1990-CRC- LAH -273
    2004 PCRLJ -68
    Any reasonable doubt in a prudent mind arising in
    prosecution case is to be resolved in favor of
    accused
    2022 SCMR-1567
    2022 SCMR -1540
    2022 SCMR -1515

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