ABDUL GHAFOOR vs State Benefit of doubt — 2022 SCMR 1527 SUPREME-COURT

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ABDUL GHAFOOR VS State Benefit of doubt--- Doubt in prosecution case--- Scope--- Single circumstance creating reasonable doubt in a prudent mind about the guilt of accused make him entitled to its benefits, not as a matter of grace and concession but as a matter of right---Any doubt arising in prosecution case is to be resolved in favour of the accused. Head NotesCase Description Citation Name: 2022 SCMR 1527 SUPREME-COURTBookmark this Case ABDUL GHAFOOR VS State Ss. 302(b) & 337-F(ii)--- Qatl-i-amd, ghayr-jaifah-badi'ah---Reappraisal of evidence---First Information Report (FIR) was registered after an inordinate delay of 11 days---Co-accused was ascribed the role of causing injury with dagger on the left shoulder of the deceased and both the injured witnesses, who had testified to this effect but subsequently through written statements the witnesses exonerated the said co-accused contradicting their previous statements---Conduct of the prosecution witnesses cast serious doubt on their credibility---Case against the accused was based on the same set of evidence and the role ascribed to him was similar to that of the co-accused---Somersault taken by the complainant regarding the accusation levelled against the accused and co-accused, since acquitted, called for extending benefit of doubt to the accused---Possibility of complainant throwing a wider net could not be ruled out. Head NotesCase Description Citation Name: 2022 SCMR 1527 SUPREME-COURTBookmark this Case ABDUL GHAFOOR VS State S. 154---Delay in lodging FIR---Effect---Such delay is serious lapse unless and until it is plausibly explained---Delay per se is a valid ground to gauge the veracity of the prosecution witnesses. Head NotesCase Description

ABDUL GHAFOOR vs State Benefit of doubt — 2022 SCMR 1527 SUPREME-COURT

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