| Case ID |
5cb8e0ba-3aba-470c-ac3d-5323700053b6 |
| Body |
View case body. Login to View |
| 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
|