Prosecution of a criminal offence

2016 CLC 1585 PESHAWAR-HIGH-COURT Judicial Precedent

DamagesProsecution of a criminal offenceProbable and reasonable causeScopePlaintiff filed suit for damages on the ground that he was acquitted of the charge in FIR lodged by the defendantSuit was dismissed concurrentlyValidity

Prosecution of a criminal offence would only provide a cause for damages for malicious prosecution to the acquitted accused if the same was based on malice of the complainant and that too when the same was without any reasonable and probable cause

Son of the defendant, in the present case, was murdered for which he charged the plaintiff along with others

Investigation was conducted by the police and on completion of the same, complete challan was submitted

One of the accused, during investigation, had even made confession

No personal enmity existed between the parties prior to the occurrence

Prosecution on the part of defendant was more than reasonable

Mere acquittal from the charge would not confer any right on the plaintiff to sue the defendant for damages on the basis of malicious prosecution

Element of malice on the part of the defendant was missing in toto in the present case

Malice did not appear to be without any reasonable and probable cause

Both the courts below had rightly appreciated the case concurrently

Revision was dismissed, in circumstances.

2016 MLD 963 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Suit for damagesProsecution of a criminal offence

Plaintiff filed suit for damages on the ground that he was acquitted of the charge in complaint case lodged by the defendant

Suit for damages was decreed concurrently

Validity

Plaintiff had not stated with regard to reputation or mental agony and the damages suffered by him

Plaintiff was bound to prove not only the prosecution but also the other ingredients for grant of damages

Acquittal of plaintiff was based on withdrawal of complaint by the defendant on the basis of compromise

Initial burden of proof was on the plaintiff to substantiate his claim (s) by adducing cogent, legal, relevant and unimpeachable evidence of definitiveness

Plaintiff had failed to establish/substantiate/prove his claim of damages

Impugned judgments were without reasoning as required for grant of a decree for compensation for mental/physical torture or disrepute suffered at the hands of complainant

Said judgments and decrees were result of mis-reading and non-reading of evidence which were set aside by High Court.