| Case ID |
2fc74f1f-c84a-41c3-bc0d-cc8309394a5f |
| Body |
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| Case Number |
Criminal Appeal No. 13 of 2012 |
| Decision Date |
Jun 30, 2017 |
| Hearing Date |
Apr 04, 2017 |
| Decision |
The Islamabad High Court allowed the appeal and set aside the conviction and sentence awarded to the appellant by the Trial Court. The court held that the prosecution failed to prove the essential elements of mens rea and actus reus required for the offence of defamation under sections 499 and 501 of the Pakistan Penal Code. The evidence presented did not demonstrate that the imputation made by the appellant was defamatory or that it harmed the reputation of the complainant. Consequently, the appellant was acquitted of the charges. |
| Summary |
In the case of 'AAMER FAROOQ vs THE STATE', the Islamabad High Court examined the conviction of the appellant under sections 501 and 502 of the Pakistan Penal Code for defamation. The appellant was accused of publishing defamatory material against the complainant and his family, alleging that they misused their visa procurement services for monetary gain. The court emphasized the importance of proving both mens rea and actus reus in defamation cases, referencing relevant precedents. The prosecution's failure to provide sufficient evidence of harm to the complainant's reputation led to the appeal's success. The court's decision highlights the critical legal standards for defamation in Pakistan, reinforcing the necessity of a guilty mind in such cases. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ, JUSTICE,
RANA IMRAN LATIF
|
| Lawyers |
Qaiser Imam,
Sajjad Haider Malik
|
| Petitioners |
AAMER FAROOQ
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 1873,
2017 PLD 370
|
| Other Citations |
PLD 2001 Kar. 1151,
2013 PCr.LJ 1737,
PLD 1996 Lah. 410
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
499,
501
|