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ROSHAN ALI vs State Ss — 2024 YLR 1243 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1243 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
ROSHAN ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 2; Illegal Dispossession Act

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

ROSHAN ALI VS State Ss. 2(c), 2(d), 3 & 4---Illegal possession of property etc.---Appreciation of evidence---"Owner" and "occupier" of the disputed land---Disputed land owned by the Government / Department---Complainant alleged that the appellants forcibly occupied the MUHAG of land of complainant side and unlawfully and illegally dispossessed the complainant from his land---Validity---After the evidence of prosecution witness (the Revenue Official/Tapedar), it was crystal clear that complainant party was not the owner of property in dispute nor were lawful occupier of the said land---Intention of legislature in promulgating the "Illegal Dispossession Act, 2005" was to protect the lawful owners and the lawful occupiers of the immoveable property which was also clear from the Preamble of Act, 2005---Complainant party did not come in any of the definition of "owner" and "occupier" as provided in S. 2(c) & S. 2(d) of the Act, 2005---Trial Court had not evaluated the evidence in its true perspective and thus arrived at an erroneous conclusion by holding the appellants guilty of the offence---High Court set aside the conviction and sentence recorded against the appellants and acquitted them of the charge---Criminal appeal, filed by the accused/convict persons, was allowed, in circumstances.

Other judgments reported in 2024 YLR

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