| Case ID |
258355d8-ed68-490a-89fd-6d56df54d479 |
| Body |
View case body. Login to View |
| Case Number |
C.R. No. 1076 of 2003 |
| Decision Date |
May 14, 2004 |
| Hearing Date |
May 14, 2004 |
| Decision |
The High Court upheld the decision of the lower courts, affirming the decree for damages of Rs. 24,500/- plus costs awarded to the respondent Mosam Khan for malicious prosecution. The court found that the evidence clearly indicated that the petitioner Akbar Khan A.S.I had wrongfully implicated the respondent in a false case, causing significant mental distress and reputational harm. The judges noted that the lower courts appropriately assessed the evidence and reached the correct conclusion that the prosecution was baseless, leading to the respondent's acquittal. No grounds for interference were found in the concurrent findings of the lower courts. |
| Summary |
In the case of Akbar Khan A.S.I vs. Mosam Khan, the Peshawar High Court addressed allegations of malicious prosecution under the Pakistan Penal Code, specifically Section 279. The petitioner, Akbar Khan, was found to have wrongfully accused the respondent, Mosam Khan, leading to his arrest and trial. The respondent suffered from mental distress, confinement for five months, and incurred legal costs due to the fabricated charges. The trial court awarded damages due to the malicious nature of the prosecution, which was confirmed by the High Court. The case underscores the importance of legal accountability and the protection of individual rights against wrongful accusations. This ruling serves as a precedent in similar cases of malicious prosecution, emphasizing the need for law enforcement officers to act within the bounds of the law and uphold justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayyum Qureshi, J
|
| Lawyers |
Mr. Khalid Khan, Advocate for Petitioner,
Mr. Muhammad Aman Khan, Advocate for Respondent
|
| Petitioners |
Akbar Khan A.S.I
|
| Respondents |
Mosam Khan
|
| Citations |
2004 SLD 3637,
2004 PLJ 230
|
| Other Citations |
1999 SCMR 700,
PLD 1990 SC 28,
2001 CLC 468,
1993 CLC 1743,
PLD 1990 S.C.28
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
279
|