SALMAN BALOCH vs SHAHZAIN Ss — 2023 YLRN 7 KARACHI-HIGH-COURT-SINDH

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

SALMAN BALOCH VS SHAHZAIN Ss.3 & 4---Prevention of illegal dispossession of property---Appreciation of evidence---Benefit of doubt---Appeal against acquittal---Scope---Allegation against the accused is that they dispossed the complainant, their tenant, from their property forcibly---Record showed that the complainant deposed in his examination in chief that he hired a premises on rent from accused who's wife was relative of his wife, which happened to be the place of incident---Complainant had also admitted that he had not produced any document/ agreement showing his tenancy in the said premises, whereas the complainant has neither produced any document nor did he bring any concrete evidence to show his possession over the disputed premises---Fact of possession of the said house was important question of fact which was alleged by the complainant therefore, he was required to prove the same as that was relevant fact and connected to the fact in issue but the complainant failed to bring anything on record to prove his legal possession as well as tenancy---Consequently the allegation of the complainant about his presence at the rented premises was doubtful as he failed to prove his presence at the spot---Admitted fact that complainant party and accused persons had already lodged criminal cases as well as IDs complaints against each other, on account of rented premises/old dispute therefore; their evidence required independent corroboration which was lacking in the present case---Incident was witnessed by some people of mohallah but they were not arraigned as witnesses nor did complainant move any application for calling them during the preliminary enquiry or trial---Sole evidence of complainant and his friend against the accused could not be relied upon, when enmity was admitted at all hands---Possibility of concoction and manipulation of actual story could not be ruled out---Evidence of complainant and his witness was not truthful therefore, the same could not be relied upon to convict the accused since reasonable doubt was already created in respect of truthfulness of the complainant's story---Circumstances established that the acquittal judgment was based on proper and cogent reasoning as well as appraisal of the evidence which the prosecution could be able to bring on record and thus, it did not call for any interference---Appeal against acquittal was dismissed accordingly.

SALMAN BALOCH vs SHAHZAIN Ss — 2023 YLRN 7 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported