SC reiterates ‘double presumption of innocence’ doctrine

ISLAMABAD: The Supreme Court has reiterated that a judgment of acquittal should be disturbed only in exceptional circumstances, holding that interference is justified only when the prosecution establishes glaring legal or factual errors showing the acquittal is plainly defective and founded on shocking conclusions.

The observation came in a seven-page judgment authored by Justice Muhammad Ali Mazhar in a case involving two accused persons who had been acquitted by a trial court. The Sindh High Court later set aside that acquittal and remanded the case to the trial court for fresh proceedings in accordance with law. The accused then challenged the high court order before the Supreme Court.

Double presumption of innocence

A division bench headed by Justice Muhammad Ali Mazhar held that an acquittal carries a double presumption of innocence, adding that an appellate court hearing an appeal against acquittal should ordinarily avoid interfering with the trial court’s findings because acquittal further reinforces the presumption already available to an accused person.

The court also said that where the evidence in a criminal case reasonably permits two sensible and judicious conclusions, the one favouring acquittal must prevail. It stressed that the benefit of doubt does not require multiple weaknesses in the prosecution case if even one circumstance creates reasonable doubt.

According to the judgment, the existence of a single circumstance generating reasonable doubt is enough to extend that benefit to an accused. "It is not mandatory that there must be numerous aftermaths that give rise to doubts to justify the benefit to the accused; rather, a single circumstance, if creating reasonable doubt, is enough to enable him a benefit," the court said.

The ruling reaffirms the settled criminal law principle that acquittal enjoys stronger protection on appeal and that higher courts should depart from it only where the flaws identified in the earlier decision are serious and obvious.