Burden of proof – My Blog

Initial burden of proof in a case is always on the plaintiff, but if the plaintiff discharges that onus and makes out a case which entitles him to relief, the onus shifts on the defendant to prove the circumstances, if any, which disentitle the plaintiff to that relief — It is not always easy to determine as to what particular point it shifts from the plaintiff to defendant as evidence gradually continues to be adduced but at the conclusion of trial when issues come to be judged it has to be seen whether the initial onus which section 188 of Qanone-e-Shahadat casts upon plaintiff has been discharged or not. Muhammad Idrees v. Mehmood Ahmed & another 2000 SCR 166 (B)
It is bounden duty and moral obligation of the prosecution to prove its case beyond any doubt — The prosecution has to stand on its own legs and every benefit of doubt will go to accused. Ghulam Rasool Shah v. State & 10 others 2009 SCR 390 (C)
Surmises and conjectures cannot take place of proof. G. Rasool Shah v. State 2009 SCR 390 (D)
A party who alleges a particular fact, the initial burden of proof is upon the same party to discharge the same and if the party proves the same then such party is entitled for the relief. Khalid Mehmood v. Muhammad Rashed (deceased) through L.H. 2016 SCR 830 (D) 2000 SCR 166, NLR 2002 Civil 423, 2008 SCMR 13 95 & 2012 PSC 1145 ref.
It is settled law that if a party satisfactorily discharges the burden of proof by producing cogent and reliable evidence then the onus shifts on the other party — appellant failed to discharge the initial burden of proof — Held: the respondent cannot be held responsible to prove such an issue, the burden of proof of which is on the other party. Mst. Fozia Raheem v. Waseem Ahmed Rathore 2016 SCR 1213 (B)
— in criminal administration justice — Held: according to the celebrated principle of criminal justice, the burden lies on the prosecution to prove its case through cogent evidence by exclusion of all other doubts. Muhammad Shahbaz v. Nasarullah Khan & others 2023 SCR 384 (M)
— criminal trial — see Muhammad Saeed versus The State & 12 others 2023 SCR 1006 (I)
— criminal trial — the burden of proof always lies on the prosecution to prove the guilt of the accused, which is a settle principle of law and requires no debate. Afzan Ahmed versus The State & 06 others 2023 SCR 1085 (J)
— the burden of proof always lies on the prosecution to prove the guilt of the accused which is a settled principle of law and requires no debate. Muhammad Saeed versus The State & 12 others 2023 SCR 1006 (K/1)