Legal Case Summary

Case Details
Case ID 5cb8e0ba-3aba-470c-ac3d-5323700053b6
Body View case body.
Case Number Civil Appeals Nos. 114 and 115 of 1995
Decision Date Dec 18, 1998
Hearing Date
Decision The Supreme Court dismissed the appeals of the petitioner, Subedar (Retd.) Fazale Rahim, against the decision of the Peshawar High Court which had accepted the revision filed by the respondent, Rab Nawaz. The Court highlighted that the petitioner failed to establish the essential elements for a case of malicious prosecution. The factors required include proving that the prosecution was initiated without reasonable cause and with malice, and that the petitioner suffered damage as a result. The Court found no evidence to support these claims, leading to the conclusion that the lower court's decision was upheld.
Summary This case revolves around the concept of malicious prosecution. The Supreme Court of Pakistan dealt with the appeals related to a case where the petitioner claimed to have been wrongfully prosecuted by the respondent. The petitioner argued that the prosecution was initiated with malicious intent and without reasonable grounds. However, the Supreme Court emphasized the necessity for the petitioner to provide substantial evidence demonstrating that the prosecution was both malicious and baseless. The decision underscored that simply having the prosecution fail does not automatically imply malicious intent on the part of the prosecutor. The court's ruling reiterated the principles established in previous cases regarding the burden of proof in malicious prosecution claims. Keywords: malicious prosecution, Supreme Court of Pakistan, legal principles, burden of proof, wrongful prosecution, damages, legal remedies, criminal law.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUHAMMAD BASHIR, JEHANGIRI, MAMOON KAZI
Lawyers Jehanzeb Rahim, Advocate Supreme Court, Syed Safdar Hussain, Advocate-on-Record, Sh. Wazir Muhammad, Advocate-on-Record
Petitioners Subedar (Retd.) FAZALE RAHIM
Respondents RAB NAWAZ
Citations 1999 SLD 314, 1999 SCMR 700
Other Citations Muhammad Akram v. Mst. Farman Bi PLD 1990 SC 28, Balbhaddar Singh v. Badri Sah AIR 1926 PC 46, Naber Shaha v. Shamsuddin PLD 1964 Dacca 111, Muhammad Mantazuddin v. Shamsur Rahman PLD 1964 Dacca 618, Province of East Bengal v. S.M. Faruque PLD 1959 Dacca 268
Laws Involved Criminal Procedure Code, Penal Code
Sections 169, 182