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Mst. KHURSHEED BEGUM vs Syed MAHMOOD SHAH Ss — 2023 YLRN 63 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 63 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
Mst. KHURSHEED BEGUM vs Syed MAHMOOD SHAH Ss
Subject matter
Criminal
Provisions referred to
S. 417; Criminal Procedure Code (V of 1898)

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

Mst. KHURSHEED BEGUM VS Syed MAHMOOD SHAH Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 417(2)---Appreciation of evidence---Appeal against acquittal---Illegal dispossession---Complainant was in possession of property and claimed that she was dispossessed by accused persons and threw away her valuable goods and had broken them---Complaint filed against accused persons was dismissed by Trial Court---Validity---Record revealed that complaint was filed much prior to the alleged incident, which did not appeal to mind---Complainant alleged that she purchased the subject property through an agreement dated 15.07.2003 from original owner in the sum of Rs. 100,000/- and she paid all amount through payment receipt on record, but on perusal of said documents the plot number as mentioned in the said agreement was altogether different as mentioned in the Complaint---Said aspect of the case created doubt in claim of the complainant---Witnesses of the said agreement and payment receipt had not been examined in that case to prove the particular facts---Original sale agreement and original payment receipt had not been produced in evidence, those documents were unregistered---Stamp Vender from whom the stamp paper was purchased and Notary Public had not been examined---Said persons were best witnesses to prove the sale agreement executed between complainant and original owner---No reason had been assigned as to why they had not been examined---Said documents could not be safely relied upon in circumstances---Even otherwise sale agreement did not confer any right or title of the subject property in favour of the complainant---No convincing or tangible evidence was on record to show that the accused/ respondents had by force dispossessed the complainant from the subject property or that the complainant was owner of the same---Circumstances established' that no reason was available to interfere with the impugned judgment---Consequently, appeal against acquittal was dismissed.

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