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Petition for Special Leave to Appeal No. 309 of 1968, decided on 21st October 1969.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd September 1968, in Criminal Appeal No. 325 of 1967/Murder Reference No. 76 of 1968).
Penal Code (XLV of 1860),
S. 302---Murder conviction----Should rest surely and firmly on evidence adduced and clear inference that may be drawn there from---Guilt cannot be based merely on high probabilities that may be inferred from evidence in case----Evidence Act (I of 1872), S. 3.
The High Court in a murder case observed that "the findings of a Court may not be wholly dependent on evidence alone" and by reference to the definition of word "proved" given in the Evidence Act, 1872 remarked "the Court is, therefore, not bound to base its findings on evidence alone as mentioned in the Evidence Act, but has to see the high probabilities regarding the existence or non-existence of a fact after considering the matter before the Court"
Held, it may be said that a finding of guilt against an accused person cannot be based merely on the high probabilities that may be inferred from evidence in a given case. The finding as regards his guilt should be rested surely and firmly on the evidence produced in the case and the plain inferences of guilt that may irresistibly be drawn from that evidence. Mere conjectures and probabilities cannot take the place of proof. If a case were to be decided merely on high probabilities regarding the existence or non-existence of a fact to prove the guilt of a person, the golden rule of "benefit of doubt" to an accused person, which has been a dominant feature of the administration of criminal justice in this country with the consistent approval of the superior Courts, will be reduced to a naught.
Muhammad Siddiq, Senior Attorney Supreme Court for Petitioner.
Nemo for the State.
Date of hearing: 21st October 1969.
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