RASHID ZAIB vs KHAN AFZAL S — 2023 YLR 2257 ISLAMABAD

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

RASHID ZAIB VS KHAN AFZAL S. 417---appeal against acquittal---Scope---acquittal carries with it double presumption of innocence. Citation Name: 2023 YLR 2257 ISLAMABADBookmark this Case RASHID ZAIB VS KHAN AFZAL Ss. 427 & 447---Criminal Procedure Code (V of 1898), S.417(2-A)---Mischief causing damage to the amount of fifty rupees, criminal trespass---Appreciation of evidence---Appeal against acquittal---Prosecution claimed that the accused had tore down the wall separating his house from that of the property claimed by the complainant---Fact that the ownership of the property was the subject matter of civil suits pending before the Courts of competent jurisdiction in which the complainant and accused/respondent were parties was not disputed---Question of ownership of the land on which the property was constructed was therefore presently subjudice---Prosecution could not establish to the satisfaction of the Trial Court that the complainant was in possession of the property---Testimony of complainant supported the finding of the Trial Court that the complainant could not establish that he was in possession of the property---Complainant acknowledged that he was unaware of the number of utility connections available at the property and could adduce no evidence establishing his possession---Moreover, it should not be hard for a person in possession of a property to establish the same through direct and secondary evidence in the event that such person resided at such property---Investigation Officer had also admitted that he never investigated where the complainant customarily resided with his family---Site map reflected that identification mark-1 was the place where the wall was allegedly torn down by accused, but such wall was reflected as back wall of the property being claimed by the complainant and not the adjoining wall between the house of accused and the property being claimed by the complainant---Circumstances established that the impugned judgment suffered from no legal infirmity---Appeal against acquittal was accordingly dismissed. Citation Name: 2023 YLR 2257 ISLAMABADBookmark this Case RASHID ZAIB VS KHAN AFZAL Ss. 427 & 447---Criminal Procedure Code (V of 1898), S.417(2-A)---Mischief causing damage to the amount of fifty rupees, criminal trespass---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Video evidence---Scope---Prosecution claimed that accused tore down the wall separating his house from that of the property claimed by the complainant---In the present case, video evidence about the offence committed by accused was available---Even if there was any photographic or video evidence regarding accused tearing down a wall, such secondary evidence would not constitute an offence under S. 427 or 447, P.P.C. unless it was first established that such wall was torn down within property that belonged to someone else---In the instant case, the ownership and the possession of property being claimed by the complainant was in dispute---Question of ownership was pending adjudication before two Civil Courts and the possession of the property by the complainant had not been established by the prosecution---Without establishing through credible evidence that the property within which a wall was broken-down by accused belonged to the complainant, neither an offence under S.427, P.P.C could be made out nor that under S. 447, P. P. C.--- Circumstances established that the impugned judgment suffered from no legal infirmity---Appeal against acquittal was accordingly dismissed.

RASHID ZAIB vs KHAN AFZAL S — 2023 YLR 2257 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 YLR