Skip to main content

Conviction without substantial evidence is not possible

One of the basic principles of criminal law is that the conviction of accused is not possible in the absence of substantial evidence. Substantial evident is the one which itself is of convicting nature. If evidence is corroborative or contradictory then conviction is not possible.

If in a case there are photocopies of documents and original documents are not presented at any forum, on such evidence conviction of accused is not possible. Reliance should be made on the original documents for conviction of accused.

It is the duty of prosecution to prove its case beyond the shadow of any doubt. The absence of substantial evidence creates doubts and benefit of doubt goes to accused in such circumstances


For more, you can consult omara.khan789@gmail.com or call +923123450006

Comments

Popular posts from this blog

Co-sharer

Possession of one co-sharer in possession of all . 1998 MLD 857, 1857; 2006 YLR 831; 2008 SCMR 661, 616; 2008 SCMR 905. Co-sharer to establish right of co-heirship . 2008 MLD 278.  For  more , you can consult omara.khan789@gmail.com or call +923123450006

Entrustment of property and dishonest misappropriation of entrusted property

  PLJ 2026 SC 96 [Appellate Jurisdiction] Present:   Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ. AYESHA TAYYAB--Petitioner versus STATION HOUSE OFFICER, POLICE STATION CANTT.DISTRICT SIALKOT, etc.--Respondents C.P. No. 1575 of 2024, decided on 22.5.2025. (On appeal against the order dated 08.03.2024 passed by the Lahore High Court, Lahore in Writ Petition No. 1684 of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 406--Constitution of Pakistan, 1973, Art. 199(1)(a)(ii)--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Quashment of criminal proceedings and Quashment of FIR--Entrustment of property and dishonest   misappropriation   of   entrusted   property--“Qarz-e-Hasna”--Amount was handed over as a loan/trust--High Court observed that no offence under section 406 PPC was made out from contents of FIR and proceeded to quash same under its constitutional jurisdiction conferred by Article 199--Contents of FIR determine whether a cogni...

Scope of Quashment Petition in Azad Jammu & Kashmir

PLJ 2021 AJ&K 33 [Shariat Appellate Bench] Present:  Raja Sajjad Ahmad Khan, J. SAQIB HUSSAIN and another--Petitioners versus STATION HOUSE OFFICER, POLICE STATION, DHIRKOT and 2 others--Respondents Misc. Crl. P. No. 132 of 2019, decided on 9.7.2020. AJ&K Prohibition (Enforcement of Hadd) Act, 1985-- ----S. 16-2(L)--"Public place" means a street, road, thoroughfare, park, garden or other place to which the public have free access and includes a hotel, restaurant, motel, mess and club, but does include the residential room of a hotel in the occupation of some person."                                                                      ...