ISLAMABAD: The Sup­r­e­­me Court on Friday set aside a Sindh High Court (SHC) judgement that had overturned the acquittal of a suspect in a passport forgery and emigration fraud case, observing that a mere indictment cannot be trea­ted as evidence of guilt un­­less the prosecution discharges its burden of proving every element of the offence beyond a reasonable doubt.

“The presumption of innocence is a constituent of a fair trial and also the foundation of our criminal justice system. Therefore, it is obligatory for the prosecution to prove guilt beyond a reasonable doubt. The incriminating material or evidence should be so convincing and logical that no other inference can be dra­wn except the guilt of the accused,” observed Justice Muhammad Ali Mazhar.

A two-member SC bench, headed by Justice Mazhar and comprising Justice Aqeel Ahmed Abbasi, heard an appeal filed by Altaf Yousuf against the Oct 17, 2022 verdict of the SHC reversing his acquittal. The case concerned allegations that the accused had forged a passport and other documents to facilitate the foreign travel of another accused, Ms Hira.

Consequently, a case was registered aga­inst the accu­sed under various provisi­o­­ns of the Pakistan Penal Code (PPC) as well as the Emigration Ordinance, 1979, at the FIA Passport Circle police station in Karachi.

Court restores acquittal in passport forgery case, notes SHC set it aside ‘in a slipshod manner’

Following an inquiry, two separate challans were submitted. One was filed before the judicial magistrate, Malir, Karachi, for prosecution under Sections 419, 420, 468, 471 and 109 of the PPC, while the other was filed before the Special Judge (Cent­ral-II), Karachi, under Sections 17(2)(b) and 22(b) of the Emigration Ordinance, 1979.

The petitioner was acquitted by the Jud­icial Magistrate, Malir, on June 21, 2006, and subsequently by the Special Judge (Central-II), Karachi, on Dec 6, 2017.

Aggrieved by the acquittals, the state, through the additional director of the FIA passport circle, Karachi, filed an appeal before the SHC. On Oct 17, 2022, the high court allowed the appeal, set aside the acquittal order and remanded the matter to the trial court for fresh proceedings in accordance with the law.

However, the SC overturned the high court’s ruling, observing that the SHC had failed to identify any cogent or substantial grounds for reversing the acquittal and remanding the case after such a prolonged period.

“No independent application of mind appears to have been exercised in evaluating the trial court’s order. The acquittal was set aside in a slipshod manner without scrutiny of the re­­cord or the incriminating material, which, at best, was only sufficient for the indic­tment of the petitioner, who had already been acquitted in both cases,” Justice Maz­har observed in a strongly worded judgement.

The judge emphasised that courts serve as custodians of the law and that a mere indictment cannot be treated as proof of guilt unless the prosecution establishes every element of the offence beyond a reasonable doubt.

Referring to the principle of “innocent until proven guilty”, Justice Mazhar descri­bed it as the fundamental vade mecum and the golden thread running through the doctrine of the presumption of innocence, operating as a shield rather than a sword.

The judgement stated that the presumption of innocence is not merely a legal theory but itself constitutes evidence in favour of the accused. It begins with the assumption that the accused has committed no crime. However, the court noted that this protection is not absolute and can be displaced where the prosecution presents compelling and credible evidence meeting the high threshold of proof beyond a reasonable doubt.

The judgement further observed that this principle is repeatedly reinforced through the Latin maxim ei incumbit probatio qui dicit, non qui negat — the burden of proof lies upon the one who asserts, not upon the one who denies. Justice Mazhar described the presumption of innocence as the cornerstone of criminal justice administration.

The court noted that criminal jurisprudence across the world, including in Pakistan, overwhelmingly endorses the principle of “innocent until proven guilty” as an essential component of the right to a fair trial and due process, rejecting any approach that treats an accused as guilty before innocence is established.

Justice Mazhar further observed that an acquittal carries a “double presumption of innocence”. It is not necessary for multiple circumstances to create doubt in favour of an accused; even a single circumstance giving rise to reasonable doubt is sufficient to entitle the accused to its benefit.

The judgement stressed that appellate interference in acquittal cases is rare and is warranted only where glaring errors of law or fact demonstrate that the acquittal is manifestly perverse or based on shocking conclusions.

“In the criminal justice system, where two reasonable and judicious conclusions are possible, the view favouring acquittal must be adopted,” Justice Mazhar emphasised.

The court also highligh­ted that, in appeals against acquittal, due weight must be given to the findings of the trial court because an acquittal strengthens the presumption of innocence.

Published in Dawn, June 6th, 2026