Habitual offender | Appreciation of evidence

Benefit of doubt | Burden of proof |Online Free Legal Library

2020 P.Cr.LJ Note 29 [Sindh]

  Ss. 324, 337-A(i), 337-F(vi) & 504

Burden of proof—Scope—Burden of proof of allegation was always upon the prosecution to prove the case beyond shadow of doubt.

Habitual offender—Principle—Mere registration of criminal case(s) against accused is not sufficient to declare him as habitual offender unless it is proved that he had been convicted in any other said cases and that conviction has been upheld by the Superior Courts.

Benefit of doubt—Principle—Slightest doubt arising in the case of prosecution is sufficient to discard the entire prosecution evidence and it’s benefit would be extended in favour of the accused not as a matter of grace or concession but as a matter of right.                          Online Free Legal Library

Attempt to commit qatl-i-amd—Appreciation of evidence—Prosecution case was that the accused made firing on the brother of complainant and injured him—Record showed that during the alleged incident, injured had suffered only one bullet injury on non-vital part (right leg) of his body—Had the accused-appellant any intention to commit the murder of the injured, he would have repeated the fire shot— Case under S. 324, P.P.C. was not made out against the accused-appellant, in circumstances.

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