The Principle of Benefit of Doubt to an Accused
By
Syed Alim-Un-Nabi Shah
The fundamental principle, upon which the whole structure of our Criminal Jurisprudence is based, is that burden of proving every essential ingredient of the offence lies upon the prosecution and the accused is presumed to be innocent till the offence is proved against him beyond all reasonable doubt. The establishing of the charge against the accused beyond all reasonable doubt clearly indicates that he is entitled to get the benefit of reasonable doubt, if any, in the establishment of the charge. The question of doubt arises only when the evidence against the accused is of such a character that the Court is not in a position to give a categorical finding of facts regarding the guilt or innocence of the accused. Doubt and certainty cannot co-exist. The existence of one automatically vanishes the existence of other. Now the question arises why the accused is entitled to get the benefit of doubt and why not the prosecution. The reason is obvious as discussed above because there is al ....