AIJAZ AHMED BHATTI vs MUHAMMAD URIS MEERANI Ss — 2024 YLR 1233 KARACHI-HIGH-COURT-SINDH

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AIJAZ AHMED BHATTI VS MUHAMMAD URIS MEERANI Ss. 3, 4 & 5---Criminal Procedure Code (V of 1898), S. 417(2)---Illegal dispossession of property---Appeal against acquittal---Appreciation of evidence---Accused were charged for occupying the houses of complainant illegally and forcibly without any lawful authority and knowledge of complainant---From perusal of record it appeared that the complainant in his evidence produced several documents, showing ownership of his father over the property in question, which included the PTO, entries in Deh Form-II, order of Deputy Commissioner and death certificate of his father---These documents were duly exhibited by him in his evidence, however, the impugned judgment passed by the Trial Court, on perusal, would reflect that the Trial Court had not offered any discussion and had not recorded it's findings in respect of these documents placed on record---Evidence of the complainant supported by the documentary evidence adduced by him needed to be discussed in detail---Trial Court appeared to have based acquittal in favour of respondents/accused, mainly on the points that the date and time of illegal dispossession of complainant at the hands of respondents/accused were not mentioned in the complaint, and further on the basis of so-called admission of complainant regarding the fact that Mukhtiarkar and SHO concerned had reported that accused had been residing in the property in question since last 25/30 years---Such findings of the Trial Court could not alone be considered sufficient to record acquittal in favour of an accused charged under the allegation of illegally dispossessing someone from his lawful property---From perusal of the impugned judgment, it appeared that the evidence of complainant and three official witnesses examined at trial had not been discussed fully by the Trial Court while recording acquittal findings---Thus, the findings of acquittal recorded by the Trial Court in the impugned judgment were not based on proper appreciation of the evidence and other material brought on record by the complainant---Appeal was allowed by setting aside impugned judgment and the matter was remanded to the Trial Court for decision afresh.

AIJAZ AHMED BHATTI vs MUHAMMAD URIS MEERANI Ss — 2024 YLR 1233 KARACHI-HIGH-COURT-SINDH

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