Law: Qanun-e-Shahadat (10 of 1984)

Section: 113

(a) Malicious Prosecution --------- ----------Suit for damages --------- Maintainability --------- Plaintiffs-accused were acquitted from criminal case under benefit of doubt --------- Plaintiffs filed suits for damages against defendant which were dismissed by Trial Court --------- Validity --------- Plaintiffs had not challenged the documentary evidence pertaining to their compromise with defendant-complainant during recording of evidence in the criminal case --------- Complete challan, submitted in the criminal case, indicated that parties had effected compromise; however, the said fact, as the alleged offences were non-compoundable, had not been mentioned in order of acquittal by the Trial Court --------- Prosecution witnesses had given deliberate concessions to plaintiffs, which had lead Trial Court to acquit them giving benefit of doubt --------- Present case did not fall within the ambit of malicious prosecution --------- Dismissal of the suits was just and legal --------- Appeals were dismissed in circumstances. (b) Qanun-e-Shahadat (10 of 1984) --------- ----------Art. 113 --------- -Facts admitted need not be proved --------- Facts, which are not challenged at the time of cross-examination, and documents exhibited without objection, would be deemed to have been admitted on the part of party against whom the same were used. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFAR KHAN, JUSTICE:---------- This single judgment is directed to dispose of two regular first appeals bearing Nos.31 and 32 of 2011 as both the appeals are the outcome of one and the same judgment, hence are decided together. 2. Brief facts of the case are that appellants of both the appeals were charged and tried under sections 436/427, P.P.C., on the complaint of present respondents in a case registered at police station City D.I. Khan, vide FIR No. 53 dated 13-2-2004, wherein the present appellants of both the appeals were acquitted by the trial court on extending benefit of doubt. 3. The present appellants after acquittal sued the respondents for damages on the basis of malicious prosecution. 4. The learned trial court on conclusion of the trial dismissed the suits of both the…

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