Acquittal on benefit of doubt
Acquittal on benefit of doubt legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plaintiff filed suit for recovery of damages on allegation of malicious prosecution against defendant which was dismissed by Trial Court
Validity
Plaintiff, in suit for malicious prosecution was to prove three things; that plaintiff was prosecuted by defendant and prosecution was terminated in plaintiff's favour; that defendant was actuated by malice; and that defendant acted without reasonable and plausible cause
Plaintiff could not succeed unless he could prove all said three points
Plaintiff was acquitted on basis of benefit of doubt and not on ground that plaintiff proved his innocence before Trial Court
Suit for damages could only be decreed when all ingredients were successfully established
Mere filing of criminal case and acquittal of plaintiff by extending him benefit of doubt was not sufficient by itself to establish case for malicious prosecution against defendant
Judgment and decree passed by Trial Court did not suffer from any irregularity or illegality neither same was perverse or ridiculous
Trial Court had passed a well-reasoned judgment in accordance with law after discussing each and every issue and evidence brought on record
Plaintiff failed to point out any material misreading and non-reading of evidence by Trial Court
Appeal was dismissed in circumstances.
"Acquittal on benefit of doubt", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124962071
Precedents & Case Laws citing "Acquittal on benefit of doubt"
1984 S C M R 611
ALI HASSAN SHAH‑Petitioner Versus D. G. AGRICULTURE AND OTHESRS‑‑‑Respondents
Court: ----Vol. 1, Part 1‑ R. 7‑Punjab Government Letter No. S (R) 1‑13/50/SO. XIII, dated 10‑1‑1979‑Finance Department Letter No. 954‑SO (SR) 1V/72, dated 2‑6‑1972‑Civil servant suspended for being tried on criminal charge Acquittal on benefit of doubt‑Competent Authority empowered to withhold balance of such civil servant's pay for period during which he remained under suspension.‑Civil service.2007 SCMR 537
SUPERINTENDING ENGINEER GEPCO, SIALKOT — Petitioner Versus MUHAMMAD YOUSAF — Respondent
Court: Supreme Court of Pakistan1989 P L C (C
JAVED AKHTAR Versus THE DEPUTY DIRECTOR, FOOD, SARGODHA REGION, SARGODHA and another
Court: Service Tribunal PunjabP L D 1983 Peshwar 81
MIRDAD AND ANOTHER‑ — Petitioners Versus THE STATE — ‑Respondent
Court: -‑‑‑ Ss. 96 & 97‑Private defence, right of‑To be considered by Court on material before it even though not specifically pleaded‑Evidence failing to satisfy Court affirmatively of existence of circumstances establishing right‑‑Held, accused, nevertheless, entitled to acquittal if, upon consideration of evidence as a whole, reasonable doubt is created in mind of Court.‑Private defence, right of.P L D 2017 Balochistan 85
IBRAHIM SHAH — Appellant Versus PERVEZ RANA — Respondent
Court: High Court1987 S C M R 435
DILBAZ KHAN and another‑‑Petitioners Versus THE STATE‑‑Respondent
Court: ‑‑‑S. 302‑‑Several accused acquitted on extension of benefit of doubt while remaining accused convicted‑‑Witnesses produced not direct witnesses of conspiracy‑‑Acquittal of accused, held, would not discredit such witnesses they being not direct witnesses of conspiracy‑‑Acquittal of accused on benefit of doubt would not necessarily mean that witnesses in that behalf purgered themselves.‑‑Witness.1994 S C M R 1201
MUHAMMAD SHARIF and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent
Court: Supreme Court of Pakistan2006 S C M R 1496
MUHAMMAD AKRAM and others — Petitioners Versus MUHAMMAD MUSHTAQ AHMED and others — Respondents
Court: Supreme Court of Pakistan1994 M L D 1422
ASGHAR ALI and another — Appellants Versus THE STATE — Respondent
Court: Lahore1997 M L D 2297
ABDUL SABIR alias SABIR‑‑‑Appellant Versus THE STATE‑‑‑Respondent
Court: Peshawar