Presumption of double innocence
Presumption of double innocence legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Appeal against an acquittal being an extraordinary remedy is different from an appeal against the judgment of conviction and sentence because presumption of double innocence of the accused is attached to the order of acquittal
Thus, to reverse an order of acquittal, it must be shown that the acquittal order is unreasonable, perverse and manifestly wrong.
Presumption of double innocence of accused is attached to the order of acquittal.
In an acquittal the presumption of the innocence is significantly added to the cardinal rule of criminal jurisprudence that the accused would be presumed to be innocent until proved guilty.
Accused, after acquittal, earned presumption of double innocence.
Presumption of double innocence was attached to the acquittal judgment, which normally did not call for interference unless the acquittal judgment or order was found arbitrary, capricious, fanciful and against the record.
Accused after his acquittal earned for himself the presumption of double innocence; firstly before the trial and secondly after going through the rigors of a protracted trial
Findings of trial court could not be easily set at naught unless the same were found to be arbitrary and whimsical.
"Presumption of double innocence", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124960253
Precedents & Case Laws citing "Presumption of double innocence"
2019 M L D 1092
The STATE through Prosecutor General, Sindh — Appellant Versus MANSOOR MUJAHID — Respondent
Court: Sindh2016 M L D 203
REHMAT KHAN — Appellant Versus ASHRAF KHAN and 3 others — Respondents
Court: Lahore2017 P Cr
MUNAWAR ALI — Appellant Versus TARIQ JAVED and 3 others — Respondents
Court: Sindh2020 P Cr
ASGHAR ALI SHAH — Appellant Versus The STATE — Respondent
Court: Sindh2015 Y L R 2386
Syed SHAFAAT ALI — Appellant Versus Syed FARHAT ALI and another — Respondents
Court: Sindh2019 Y L R 2333
Syed AIJAZ ALI SHAH — Appellant Versus IFTIKHAR UNAR — Respondent
Court: Sindh2023 Y L R Note 52
GHULAM ABDUL QADIR — Appellant Versus MUHAMMAD NAEEM QURESHI and 4 others — Respondents
Court: Sindh2015 P Cr
ASHIQUE ALI — Appellant Versus HABIBUR REHMAN and another — Respondents
Court: Sindh2023 M L D 342
Mst. MASSARRAT ABID — Appellant Versus The STATE and 3 others — Respondents
Court: Sindh2014 P Cr
NAJEEB ULLAH — Appellant Versus MANGTA KHAN and another — Respondents
Court: Lahore