The Court of Cassation acquitted a young man who was convicted in the Court of First Instance and Appeal of indecent assault on a girl, which prompted him to file a civil lawsuit in which he demanded that the girl pay him 100,000 dirhams in compensation for the material and moral damages she had caused him, while the Abu Dhabi Court for Family and Civil and Administrative Claims rejected lawsuit.
In the details, a young man filed a lawsuit against a girl, in which he demanded that she pay him 100,000 dirhams as material and moral compensation, with the ruling inclusive of expedited enforcement without bail and obligating her to pay fees, expenses and fees, noting that the defendant filed a complaint against him for indecent assault. He was referred to the criminal trial, which convicted him in the first instance and on appeal, but the Court of Cassation acquitted him of the charge against him, and the defendant’s mistake of lying in the report resulted in moral and material damage to him.
For its part, the court clarified in the merits of its ruling that the burden of proving the right claimed will fall on the one who adheres to it, and that it is stipulated in Article 1 of the Evidence Law that “the plaintiff must prove his right and the defendant must deny it, and the facts to be proven must be related to the case and productive It is permissible to accept it, noting that the right to resort to the judiciary to defend the right protected by law is one of the legitimate public rights that are established for all, and that it does not entail accountability for compensation unless it is proven that the person who exercised this right has deviated from what was set for him and used it maliciously In order to harm his opponent without the interest he seeks from him, in addition to the fact that reporting crimes in which the Public Prosecution may file a criminal case is considered a right established for every person and a duty of everyone who knows about them.
The court confirmed that the use of this right or the performance of this duty does not entail the slightest responsibility before the notification, unless it is proven that the intent of infringement was used, that the use of the right was unintentionally, except to harm others, such as the lie of the reported incident, or that the notification was made with malicious intent with the intent of malicious intent and abuse of those who reported About him or proving the issuance of the notification of haste and recklessness.
She pointed out that it is decided that the main element in the crime of a false report is intentionally lying in the notification, and that the reporter is well-informed with a certain knowledge that he does not have doubts about the fact that he was informed of that it is false, and that the reporter against him is acquitted, pointing out that the case papers are empty of what proves that the defendant lied in the report. He pointed out that the judgment issued by the Court of Cassation, which ruled his acquittal, was not based on the defendant’s falsehood in the communication submitted against the plaintiff, and the plaintiff did not deny that he had violated the plaintiff’s honor, with which the lawsuit was filed without a document and the court ruled By rejecting the case and obligating the plaintiff to pay the fees and expenses of the case.
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