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Acquitting 10 wrong doers is better than punishing one innocent: SC

Islamabad: Supreme Court (SC) has remarked acquitting 10 wrongdoers is better than punishing one innocent.

The court while declaring null and void the sentences of trial court and Sindh High Court in 20 years old murder case has ordered to release the accused forthwith.

SC has issued a 9-page decision. Justice Ishtiaq Ibrahim authored the decision.

The accused Muhammad Iqbal was arrested under the charges of murdering two persons.

The court maintained that the complainant is not eye witness. A contradiction has been found in the statements of witnesses as well.

The court further remarked there was distance of two to three kilometers between police station and crime scene. Despite it why the FIR was not registered on the day crime was committed. This thing has not been explained.

This was not explained too why the injured witness did not get register FIR. 5 empty bullets casing were not sent to laboratory for forensic.

The SC maintained the prosecution failed in proving the case doubtlessly .

The remarks of the High Court that apprehension of the accused after 14 years of the offence proves that he is faulty, cannot be declared confirmable legally.

The accused was not asked about the alleged abscondment in the statement under 342.

The decision said it is set principle that the evidence or incident which is not kept before the accused in his statement under 342 cannot be used against the accused. If the accused remains absconding for fear of harassment by police or arrest then he cannot be declared at fault on this base.

The court remarked evidence presented by the prosecution are full of flaws and suspicions. It is set principle in criminal fiqa law that the benefit of any incident which creates doubt goes to the accused.

It is set principle since 1400 years that it is better to acquit 10 wrong doers than punishing one innocent.

The court ordered if the petitioner Muhammad Iqbal is not nominated in some other case than he be released immediately.