Said Ali Shah vs Bakht Zada S — 2024 MLD 675 PESHAWAR-HIGH-COURT

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Said Ali Shah VS Bakht Zada S. 3---Prevention of illegal possession of property---Appreciation of evidence---Sentence, reduction in---Accused was charged for occupying the property of complainant illegally and in his absence---Contents of the complaint would transpire that the complainant had not complained of any specific occurrence in terms of time and date as well as mode and manner of the occurrence regarding the dispossession or interference in his lawful possession---Non-mentioning of the date and time of the alleged dispossession gained much more significance---Complainant admitted in his cross-examination the existence of walls and DPC over the disputed property, from the last 16 years, therefore, the alleged plea of complainant with respect to his lawful possession was prima facie not above board---Record showed that the lawful ownership and possession of the respondent/complainant qua the disputed property was standing in vacuum, as it was his case that he purchased the disputed property from the wife of the co-accused through mutation dated 05.05.2005, however, it was also part of the record that the said wife of the co-accused filed a civil suit before the competent Court of law challenging therein the aforesaid sale mutation---In view of the above lacunas in the evidence so furnished by the respondent/complainant, benefit of the same had to be extended to the appellant/accused at least in terms of his conviction under the Act of 2005---Even otherwise, the issue of handing over possession of the disputed property to the respondent/complainant had already been settled through the impugned order/judgment, whereby it was specifically directed that local Administration/S.H.O was to restore possession of the disputed property to the respondent/complainant within a period of one month---Criminal appeal was disposed of in terms that the conviction and sentence awarded to the accused was maintained, however, his sentence was reduced to the period already undergone by him in the jail.

Said Ali Shah vs Bakht Zada S — 2024 MLD 675 PESHAWAR-HIGH-COURT

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