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Malicious Prosecution (To Satisfy (ii. Prosecution ended in P's favor,…

- - - - Hathurusinghe v Kuda Duraya
        
        H & K assaulted each other. H told police K pulled purse out of pocket. K charged with theft but acquitted. HELD: Set criminal law in motion against P. Has reasonable and probable cause. Action for malicious prosecution dismissed.
        
        D gives truthful infor to police but doen's accuse P
        
        gives untruthful infor but doesn't accuse p
        
        Purse was picked and it was P who did it
        
        D not prosecutor
  - - - reasonable and probable cause available, if:
        
        i. D honestly believed there was probable cause
        
        ii. Belief founded on adequate ground. Leading a reasonably prudent person to find P probably guilt.
  - - - malice not presumed by fact that P was acquitted.
        
        Steven v Miland Countires Railway
    - - Peiris v Marikkar