ISLAMABAD (Dunya News) - The Supreme Court has observed in a detailed judgment that it is better to acquit ten guilty persons than to punish one innocent individual.
The apex court set aside the convictions of the trial court and the Sindh High Court in a 20-year-old murder case and ordered the immediate release of the accused.
In an eight-page written judgment authored by Justice Ijaz Ishaq Ibrahim, the court noted that the prosecution had failed to prove the case beyond reasonable doubt.
The accused, Muhammad Iqbal, was arrested on charges of killing two persons. The court observed that the complainant was not an eyewitness, while contradictions were found in witness statements.
It further stated that although the crime scene and police station were only 2 to 3 kilometres apart, no explanation was given for not registering the FIR on the same day. The court also questioned why the injured witness did not lodge the FIR and noted that five empty bullet casings were not sent for forensic examination.
The Supreme Court ruled that the prosecution failed to prove its case beyond doubt. It said the High Court’s observation that the accused’s arrest after 14 years proved his guilt was not legally sustainable. The court also noted that the accused was not questioned regarding alleged absconding in his Section 342 statement.
The judgment stated that any evidence not put to the accused during his statement cannot be used against him. It added that an accused cannot be declared guilty merely on the basis of alleged absconding due to fear of arrest or police harassment.
The court further observed that the prosecution evidence was full of defects and doubts. It reiterated the legal principle that any doubt in a criminal case must benefit the accused, stating that it has been a settled rule for centuries that it is better to acquit ten guilty persons than to punish one innocent.
The court ordered that Muhammad Iqbal be released immediately if not required in any other case.
It is worth mentioning that the FIR was registered on April 29, 2006 in Baldia Town, Karachi. The accused was later convicted by the trial court and sentenced to life imprisonment, which was upheld by the Sindh High Court.