No doubt it is true that the acquittal of a person in a criminal case sometimes gives presumption that there was no reasonable cause for his prosecution, but this presumption is rebuttable and there cannot be any universally accepted phenomenon that in case the criminal prosecution fails, then the accused would be automatically entitled for recovery of damages as otherwise in all those cases where the prosecution fails, it would give rise to damages in favour of an accused. Therefore, the nature of acquittal has to be kept in view as well.
R.F.A. 80927/22
Tariq Mehmood Vs Tahir Farooq
Mr. Justice Anwaar Hussain
16-05-2024
2024 LHC 2425
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