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Duty of prosecution

Duty of prosecution legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2024 YLR 2642 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScopeDuty of prosecution is to prove its case beyond reasonable doubtEvidence produced by prosecution must be credible and reliable having the ring of truthCase cannot be decided on the basis of surmises and conjectures

Weak and infirm evidence must lose its worth particularly when it is a case of capital charge.

2023 PCrLJ 1331 PESHAWAR-HIGH-COURT Judicial Precedent
Duty of prosecutionScopeProsecution is not only duty-bound but also obligated to substantiate its case beyond any reasonable doubt

Even if a single or slightest doubt arises from the evidence, it must be extended to the accused, not as a matter of grace but as a matter of right

Such doubt should be sufficient to discredit the prosecution's story.

2023 PCrLJ 1338 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Duty of prosecutionScope

Prosecution had to establish its case and no adverse findings could be drawn in favour of the prosecution solely on the basis of the statement of the accused.

2023 MLD 366 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Duty of prosecutionScope

It is for the prosecution to prove its case against the accused beyond reasonable doubt.

2022 YLR 1353 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent
Duty of prosecutionScope

Prosecution is bound to prove its case against the accused beyond any shadow of reasonable doubt.

2022 YLR 295 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent
ProofDuty of prosecutionScope

Prosecution is bound to prove its case against the accused beyond reasonable doubt.

2022 PCrLJ 286 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent
Duty of prosecutionScopeProsecution is duty bound to prove its case beyond shadow of doubt

Benefit of any doubt arising in the case of prosecution goes to the accused as a matter of right not grace.

2022 MLD 1529 PESHAWAR-HIGH-COURT Judicial Precedent
Duty of prosecutionScope

In order to connect an accused with the commission of an offence, the prosecution must produce concrete and confidence inspiring evidence connecting his neck with the alleged crime.

2022 YLR 853 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution in all circumstances is under strict obligation to prove its case independently but not at the strength of weakness of defence.

2022 YLR 669 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the case of defence.

2022 PCrLJ 1121 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weaknesses of the case of the defence.

2022 PCrLJ 385 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit of the weaknesses of the defence.

2022 YLRN 201 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the case of defence.

2022 PCrLJN 100 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the defence.

2022 PCrLJ 1631 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Duty of prosecutionScope

Prosecution is bound to prove its case against the accused beyond any shadow of reasonable doubt, but no such duty is cast upon the accused to prove his innocence.

2022 YLRN 149 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Duty of prosecutionScope

Prosecution is primarily supposed to establish guilt against the accused beyond shadow of reasonable doubt by bringing trustworthy, convincing and coherent evidence for the purpose of awarding conviction

To convict a person on a capital charge, evidence should be of high quality and good standard.

2022 YLRN 103 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Benefit of doubtScopeDuty of prosecution

Prosecution is bound under the law to prove its case against the accused beyond any shadow of reasonable doubt but no such duty is cast upon the accused to prove his innocence.

2021 PCrLJ 1470 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the case of defence.

2021 PCrLJ 1256 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the defence.

2021 YLRN 142 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution was to prove its case against the accused by standing on its own legs and it could not take any benefit from the weaknesses of the case of the defence.

2021 YLRN 113 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the defence.

2021 PCrLJ 1061 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Duty of prosecutionBenefit of doubtScope

Prosecution is bound under the law to prove its case against the accused beyond any shadow of reasonable doubt, but no such duty is cast upon the accused to prove his innocence

Conviction must be based and founded on unimpeachable evidence and certainty of guilt

Any doubt arising in the prosecution case must be resolved in favour of the accused.

2020 PCrLJ 923 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent
EvidenceOcular evidenceDuty of prosecutionScopeOcular account brings the prosecution under a heavy duty to safely establish presence of the witness on the spot

Mere presence of witness at the spot is not sufficient to believe whatever the witness says but his evidence being natural, direct and confidence inspiring are sine qua non.

2020 PCrLJ 493 PESHAWAR-HIGH-COURT Judicial Precedent
Duty of prosecutionBenefit of doubtScope

Prosecution is duty bound to prove its case beyond any reasonable doubt and if any single and slightest doubt is created, benefit of the same must go to the accused.

2020 MLD 49 PESHAWAR-HIGH-COURT Judicial Precedent
Duty of prosecutionScope

Prosecution, in order to bring home the guilt to an accused, is bound to prove its case through worthy, reliable and confidence inspiring evidence.

2020 YLR 1522 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the defence.

2020 MLD 1862 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the case of defence.

2020 PCrLJN 47 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit of the weaknesses of the defence.

2020 PCrLJN 30 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
S. 29Presumption from possession of illicit articlesInitial burden of proofDuty of prosecutionScope

Slight difference existed in the manner and standard of proof in the cases registered under the Control of Narcotic Substances Act, 1997 but the prosecution is bound to discharge the onus of proof

In terms of S. 29 of the Control of Narcotic Substances Act, 1997, some departure to said general principle has been introduced, still the prosecution cannot be absolved from its duty to discharge the onus of proof

Initial onus of proof lies upon the prosecution and once it is discharged then the accused would be burdened to prove the contrary in terms of principles laid down in S. 29 of the Control of Narcotic Substances Act, 1997.

2020 YLR 2661 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Duty of prosecutionBenefit of doubtScopeProsecution must prove its case beyond a reasonable doubt

If there was a single circumstance, which created reasonable doubt in a prudent mind about the guilt of the accused then the accused would be entitled to the benefit not as a matter of grace and concession but as a matter of right.

2020 YLR 2582 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Reasonable doubtDuty of prosecutionScope

Prosecution is bound under the law to prove its case against the accused beyond any shadow of reasonable doubt, but no such duty is cast upon the accused to prove his innocence.

2020 MLD 1908 FEDERAL-SHARIAT-COURT Judicial Precedent
Duty of prosecutionScope

Prosecution is bound to prove its case beyond any shadow of doubt as the conviction cannot be based on high probabilities

Suspicion cannot take place of proof.

2019 YLR 2617 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution had to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the defence.

2019 YLRN 94 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecution

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weaknesses of the case of defence.

2019 YLRN 83 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the case of defence.

2019 YLRN 81 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecutionScope

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weakness of the case of defence.

2019 YLRN 79 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Duty of prosecution

Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weaknesses of the case of defence.

2016 PCrLJ 228 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Benefit of doubtDuty of prosecutionProsecution was supposed to prove its case beyond reasonable doubtProsecution could not take benefit of any weakness of defence

Existence of a single circumstance which would create reasonable doubt regarding the prosecution case was sufficient to give benefit of the same to accused.

2015 PCrLJ 369 PESHAWAR-HIGH-COURT Judicial Precedent
Benefit of doubtDuty of prosecution

Prosecution, primarily was duty bound to establish guilt against accused without any shadow of reasonable doubt by producing trustworthy, convincing and reliable evidence having intrinsic worth to enable the court to draw conclusions; that the prosecution had succeeded in establishing accusation against accused; and if it would come to the conclusion that the charges so imputed against accused had not been proved beyond reasonable doubt then accused would become entitled for acquittal

If any single and slightest doubt was created, benefit of it must go to accused; and that was sufficient to discredit the prosecution story

Person charged with criminal offence, was to be saddled with the liability, only if prosecution had established its case against him beyond all reasonable doubts, otherwise not.

2015 PCrLJ 338 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Defence pleaDuty of prosecution

Prosecution was required to prove its case against accused person beyond any shadow of doubt; and the defence version was to be taken into consideration after evaluating the prosecution evidence to find out whether same inspired confidence or not.

2013 YLR 982 PESHAWAR-HIGH-COURT Judicial Precedent
Duty of prosecutionProsecution was always bound to prove its case beyond any shadow of doubt

Stamp of injury on witness would only indicate the presence of witness at the relevant time, but the same was not the guarantee of the truthfulness

General rule of appreciation of evidence was that want of interest or absence of enmity, would not stamp the statement of particular witness with presumption of truth; and that much would depend on the intrinsic value of the statement of a witness

Real test was as to whether the statement of a witness was in consonance with the probabilities, whether it would fit in with the other evidence; and whether it inspired confidence.

2013 YLR 1763 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
MotiveEstablishment ofDuty of prosecutionScopeNon-proof of motiveMitigating circumstance

If a specific motive had been alleged by the prosecution, then it was duty of the prosecution to establish said motive through cogent and confidence-inspiring evidence

Non-proof of motive could be considered a mitigating circumstance in favour of accused.

2013 PCrLJ 445 ISLAMABAD Judicial Precedent
Charge, proof ofDuty of prosecution

Prosecution had the basic and prime duty to prove its case against the accused persons by producing cogent, relevant, strong, convincing, unimpeachable, trustworthy and confidence-inspiring evidence to prove the charge.

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Precedents & Case Laws citing "Duty of prosecution"

SCMR 1992
Criminal Appeal No. 12(S) of 1990, decided on 24th August, 1991.

1992 S C M R 1134

WAZIR MUHAMMAD ‑‑‑ Appellant Versus THE STATE‑‑‑Respondent

Court: Supreme Court of Pakistan
YLR 2011
Criminal Miscellaneous Bail Application No.105 of 2011, decided on 11th April, 2011.

2011 Y L R 1671

SIRAJ KHAN and other — Applicants Versus THE STATE — Respondent

Court: Peshawar
PTD 2005
Customs Appeal No. K-198 of 2004, decided on 30th August, 2004.

2005 P T D (Trib

N/A

Court: Customs, Central Excise and Sales Tax Appellate Tribunal
MLD 2016
N/A

2016 M L D 261

MUHAMMAD YAR alias MAMI — Appellant Versus The STATE — Respondent

Court: Lahore
PCRLJ 2005
2004-October-28

2005 P Cr

HAMEED-UR-REHMAN — Appellant Versus SAID REHMAN and 5 others — Respondents

Court: Peshawar
YLR 2005
Cr. B.A. No.525 of 2003, decided on 12th October, 2004.

2005 Y L R 273

SAJAN — Applicant Versus THE STATE — Respondent

Court: Karachi
PCRLJ 2002
Criminal Revision Application No.48 of 2001, decided on 21st September, 2001.

2002 P Cr

AKHTAR HUSSAIN ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Court: Karachi
PLD 2009
2009-March-24

P L D 2009 Karachi 284

UMER REHMAN — Appellant Versus THE STATE — Respondent

Court: High Court
PCRLJ 1973
Criminal Appeal No.413 of 1970, decided on 18th December 1972.

1973 P Cr

BUDHO — Appellant Versus THE STATE — Respondent

Court: Karachi
PCRLJ 1984
Criminal Miscellaneous No. 37/M. of 1984, heard on 16th May, 1984.

1984 P Cr

Mst. KHURSHID BEGUM-Appellant Versus DR. MUHAMMAD RAFIQ AND OTHERS-Respondents

Court: Lahore