Al-Haaj Malik MUHAMMAD ASHRAF vs JAVED AKHTAR Ss — 2025 SCMR 787 SUPREME-COURT

Case information

Citation: 2025 SCMR 787 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: Al-Haaj Malik MUHAMMAD ASHRAF vs JAVED AKHTAR Ss
Subject matter: Criminal
Provisions referred to: 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

Al-Haaj Malik MUHAMMAD ASHRAF VS JAVED AKHTAR Ss.3, 4, 7 & 8---Illegal dispossession---Re-appraisal of evidence---Petition against acquittal---Co-owner---Accused was a co-owner in property in question and High Court had acquitted him of the charge---Validity--- Co-owner is deemed to be in constructive possession of every inch of joint holding unless a formal partition has been effected---Jurisprudence on co-ownership consistently affirms that one co-owner cannot allege dispossession at the hands of another without establishing exclusive possession through partition proceedings---Provision of Illegal Dispossession Act, 2005 is not confined to cases involving land grabbers or Qabza Mafia but extends to any person who has been illegally dispossessed from immovable property, however it is applicable only where there is clear evidence of unlawful dispossession---In cases where parties are co-owners, question of forcible dispossession does not arise unless partition proceedings have concluded and exclusive ownership is established---Acquitted accused enjoys a double presumption of innocence---Appellate Court should exercise restraint in overturning an acquittal unless the judgment is manifestly perverse, arbitrary, or suffers from a glaring misreading or non-reading of material evidence---Supreme Court declined to interfere in judgment of acquittal passed in faovur of accused---Petition for leave to appeal was dismissed and leave to appeal was refused.

Other judgments reported in 2025 SCMR

2025 SCMR 1591 SUPREME-COURTMUHAMMAD IJAZ VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Absconsion of accused---Not participating in funeral of wife---Ac…
2025 SCMR 1591 SUPREME-COURTMUHAMMAD IJAZ VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Promptly lodgment of FIR---Accused was alleged to have committed…
2025 SCMR 1742 SUPREME-COURTMUHAMMAD RAMZAN VS State Ss. 302(b) & 398---Qatl-i-amd, attempting to commit robbery or dacoity, when the offender is armed with a deadly we…
2025 SCMR 1730 SUPREME-COURTFARMAN ALI VS State Benefit of doubt---Principle---Prosecution is bound to prove its case beyond the shadow of any slightest doubt and the b…
2025 SCMR 1580 SUPREME-COURTMUHAMMAD BILAL VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Medical evidence not supporting the ocular account---Accused was…
2025 SCMR 1558 SUPREME-COURTOBAIDULLAH VS State Circumstantial evidence---Scope---In case of circumstantial evidence, every circumstance should be linked with each othe…

Back to the case-law library · Search Pakistani case law in Urdu or English