Law:

Section:

Malicious Prosecution-- ---Recovery of damages--Acquittal due to deficient proof--Ingredients of malicious prosecution--Respondent No. 1 under law was duty bound to prove that defendants acted without any reasonable and probable cause and defendant was actuated by malice and proceedings had interfered with plaintiffs liberty and had also affected his reputation. No ingredients of malicious prosecution had been proved by Respondent No. 1--He was acquitted only on ground that prosecution has failed to prove case against accused beyond any shadow of reasonable doubt--When an-accused is acquitted by Court on, basis of benefit of doubts or prosecution’s failure to-prove its case beyond a reasonable doubt, then recovery of damages on of malicious prosecution are not available in said case--Mere acquittal of Respondent No. 1 in criminal case by extending him benefit of doubt is not sufficient by itself to establish a case for malicious prosecution--Facts and consistent law on subject has not been taken into consideration by Courts below illegally passed impugned s ,  decrees on basis of misreading and non-reading of evidence as well as against record and mis application of law which are not sustainable and liable to be set-aside--Revision petition allowed. 1999 SCMR 700, PLD 2020 Sindh 700, 2020 CLC 1331,2018 MLD 1202 and 2016 SCMR 24 ref. Ingredients for Melecious Prosecution-- ----Recovery of damages-- i)That Plaintiff was prosecuted by the Defendant; ii)That the prosecution ended in favour of the Plaintiff; iii)That the Defendant acted without reasonable and probable cause; iv)That the Defendant was actuated by malice (with. improbable motive and not to further the ends of justice); and v)That the proceedings had interfered with the Plaintiffs liberty and had also affected his reputation and the Plaintiff had suffered damages. JUDGMENT Through this civil revision, the petitioners have challenged the legality of judgment decree dated 23.02.2016 passed by the learned Civil Judge, Sialkot who decreed the suit for Recovery of damages on the basis of malicious prosecution to the tune of Rs. 50,00,000/- filed by Respondent No. 1 whereas to the extent of Defendants…

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