Judicial Dictionary



Title Benefit of doubt
Details

In Md. Ibrahim Hossain –Vs- The State ( 14 BLD (AD) 253), the Appellate Division emphasised that benefit of doubt can not be given for minor omissions. (Para-761); .....Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, (Criminal), 2017 (1)- [2 LM (AD) 76] ....View Full Judgment


This appeal is partly allowed in the terms that the sentence of death of the appellant-Amjad Shah is altered to that of life imprisonment under Section 302(b) PPC. The remaining punishment of fine and imprisonment in case of default thereof shall remain intact. He shall also be entitled to the benefit of Section 382-B Cr.P.C. .....Amjad Shah =VS= The State, (Criminal), 2017 (2)– [3 LM (SC) 105] ....View Full Judgment


The advantage derived from doubt about guilt, a possible error or the weight of the evidence. In a criminal case the accused gets the benefit of doubt.
If the facts and circumstances are susceptible of two interpretations, one in favour of the prosecution and the other in support of the defence version then the rule which applies to circumstantial evidence would prevail and the benefit of doubt, if any would have to go to the accused. The doubt must be such as reasonable men may reasonably entertain and not the doubt of a weak and vacillating mind. ….. (Jamal Vs. State (1986) 38 DLR 284)
Benefit of accused goes to the accused if doubt arises. ….. [State Vs. Manik Bala (1989) 41 DLR 435]
Evidence being contradictory on the question of recognition and there being no circumstantial evidence lending support to the deposition of the sole eye witness, the prosecution case cannot be found to have been proved beyond reasonable doubt. ….. [Nurul and Others vs. State 14 BLD (HCD) 221]


Accused is entitled to the benefit of doubt–
It is well settled principle that where on the evidence two possibilities are open, one which goes in favour of prosecution and the other benefits the accused, the accused is entitled to the benefit of doubt. We are of the view that the prosecution has not been able to prove its case beyond all shadow of doubt against the appellant, so the appellant is entitled to get benefit of doubt. Accordingly, we find substance in the appeal. The appellant Humayun Kabir, son of Liakatulla, of village- Newrain, Police Station Laksham, District Comilla is acquitted on the charge. ...Humayun Kabir(Md.) =VS= The State, (Criminal), 2021(1) [10 LM (AD) 619] ....View Full Judgment