Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 96--Suit for recovery for malicious prosecution, decreed by trial Court--False criminal case was registered--Ingredients of malicious criminal prosecution were lacking--Not honourably acquitted and only benefit of doubt was given--Question--Whether being prosecution witness in criminal case absolute privilege and statement which was made during course of judicial proceedings was protected--Determination--Malicious prosecution is malicious institution of unsuccessful criminal proceedings against another with reasonable or probable cause--Such tort balance completing principles i.e. freedom that every person should have in bringing criminals to justice and need for restraining false accusations against innocent person--Malicious prosecution is abuse of process of Court by wrongfully setting law in motion of criminal charge--Acquittal of accused on basis of benefit of doubt does not come within domain of honourable acquittal--Basic ingredients for grant of damages do not co-exist in instant case--All plaintiffs had claimed damages in pursuance of criminal case mental agony, loss of reputation in public case and travelling expenses and fee of lawyers--Version of prosecution witness is self contradictory--Even his deposition is not on each score of claimed damages--Plaintiffs had failed to prove issue of entitlement to recover damage through cogent and valid evidence, they are not entitled to any damages--Appeal was accepted. Words and Phrases-- ----Reasonable and probable cause--Required to prove absence of reasonable and probable cause--Phrase reasonable and probable cause means an honest belief in guilty of accused based on full conviction founded upon reasonable grounds, of existence of circumstances which assuming to be true would reasonable lead any ordinary prudent man and cautious man placed in position of accuser to conclusion that person charged was probably guilt of crime imputed. Pleading-- ----It is now well settled that pleading is not substitution of evidence. THIS JUDGMENT DELIVERED BY: Khalid Mahmood Malik, J.- The defendants have brought this appeal under Section 96, CPC to assail the judgment and…

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