MUHAMMAD HASHIM ISLAMI vs State Ss — 2023 PCrLJ 1338 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1338 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD HASHIM ISLAMI vs State Ss
Subject matter: Criminal
Provisions referred to: Illegal Dispossession Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HASHIM ISLAMI VS State Ss. 3, 4, 5, 6 & 7---Illegal dispossession---Appreciation of evidence---Benefit of doubt---Accused were charged for occupying the agricultural land of complainant illegally on the point of weapons and issuing murderous threats---Allegedly, the nominated accused persons while armed with deadly weapons illegally occupied the land of complainant and issued threats of murder while two accused built their house/hut within the land---Complaint filed by the respondent/ complainant indicated that earlier a complaint was filed under Illegal Dispossession Act, 2005 but the same was withdrawn as the name of one of the accused was incorrectly mentioned, as such after correction, the fresh complaint was filed---Complainant did not file the memo of the previous complaint nor the order of the previous complaint---Even it was not disclosed whether, at the time of withdrawing the previous complaint, the Trial Court had taken cognizance or not and permission was sought for filing a fresh complaint after the withdrawal of the earlier one---Although a person so dispossessed did not need to claim title over the property, however, he had to establish that he had possession of the property but that point was not properly addressed during the trial---Circumstances established that the case of illegal dispossession by the accused persons had not been proved beyond a reasonable doubt through some credible evidence---Appeal against conviction was allowed, in circumstances.

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