WRONGFUL CONVICTION AND MISCARRIAGE OF JUSTICE

Abstract

Failure of justice system accounts for the conviction of innocents. The Criminal Justice system in Pakistan is badly affected by imperfections. It has many eccentricities and loopholes constituting a vicious circle, notwithstanding the gist of Criminal Justice System (CJS) in Pakistan is based on a well settled principle that no one is convicted without trying all the elements of justice but innocent suffers due to these loopholes and shortcomings. Due to myriad legal factors, extending to the imperfections of CJS, the innocents are convicted by court without trying all the elements of justice and upon their release by superior court, CJS leaves them empty handed because System offers no mechanism of compensation for such a tyranny which is committed under the aegis of Justice system, leading to the miscarriage of justice. In this research, explicit focus is on the procedural rules and norms and how the shortcomings in our CJS can pave a way to a systematic manner of injustice. This paper encompasses the leading factors for wrongful conviction extracted from cases, legal remedies and recommendations.