The appellant Muhammad Ayub was accused of bribery by the State. A key witness for the prosecution, the Raiding Magistrate, claimed to have seen and heard the exchange of bribe money between Ayub and the complainant from an adjoining room, however the complainant stated that a curtain hung in front of the door between the rooms, contradicting the Magistrate's account. As there was an inconsistency in the statements of prosecution witnesses that created reasonable doubt, and the acceptance of bribe money by Ayub was rendered highly doubtful, he was given the benefit of doubt and acquitted.
Original Description:
Benefit of doubt--A single infirmity in statement of a witness, capable of creating doubt in a reasonable mind
The appellant Muhammad Ayub was accused of bribery by the State. A key witness for the prosecution, the Raiding Magistrate, claimed to have seen and heard the exchange of bribe money between Ayub and the complainant from an adjoining room, however the complainant stated that a curtain hung in front of the door between the rooms, contradicting the Magistrate's account. As there was an inconsistency in the statements of prosecution witnesses that created reasonable doubt, and the acceptance of bribe money by Ayub was rendered highly doubtful, he was given the benefit of doubt and acquitted.
The appellant Muhammad Ayub was accused of bribery by the State. A key witness for the prosecution, the Raiding Magistrate, claimed to have seen and heard the exchange of bribe money between Ayub and the complainant from an adjoining room, however the complainant stated that a curtain hung in front of the door between the rooms, contradicting the Magistrate's account. As there was an inconsistency in the statements of prosecution witnesses that created reasonable doubt, and the acceptance of bribe money by Ayub was rendered highly doubtful, he was given the benefit of doubt and acquitted.
Pakistan Penal Code ---S. 161--Bribery--[trap -case]--Benefit of doubt--A single infirmity in
statement of a witness, capable of creating doubt in a reasonable mind, held, sufficient to give benefit of doubt to accused--Raiding Magistrate claiming to have seen accused receiving bribe money and also hearing talk between them while sitting in .adjoining room whereas complainant clearly stating that a curtain was hanging in front of door between two rooms--Contradiction between statements of such prosecution witness es, held further, could not be termed as minor and rendered acceptance o' allege bribe money by accused highly doubtful--Accused given benefit of doubt and acquitted, in circumstances.