Mian Rahman Badshah vs State Ss — 2026 MLD 723 PESHAWAR-HIGH-COURT

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Mian Rahman Badshah VS State Ss. 3 & 8---Criminal Procedure Code (V of 1898), S.265-K---Illegal dispossession of property---Appreciation of evidence---Appeal against acquittal---Civil dispute over property between the parties---Application under S.265-K, Cr.P.C, filed by the accused was allowed by the Trial Court---Validity---As per record, appellant/complainant claimed ownership of the property on the strength of an exchange deed dated 20.8.1993, inter-se executed between father of accused-party and complainant---Civil suit was filed by complainant, then plaintiff, in respect of an exchange deed dated 20.8.1993, inter-se executed between father of accused-party and complainant---Civil suit was filed by complainant, then plaintiff, in respect of an exchange deed, however, same deed at first instance was discarded and rejected by Civil Court vide its judgment and decree dated 28.3.2023 and appeal filed against the said judgment and decree also met the same fate by dint of judgment and decree of the appellate Court dated 27.10.2023---Same fact of civil litigation in respect of the property-in-dispute had also been evident from testimony of a witness, who was examined in Court during complaint proceedings---Same was the case with statement of another witness, who was none else but real brother of appellant/complainant---In view of testimonies of both those two witnesses, it was crystal clear that the property in dispute was the subject-matter of civil suit and complainant/appellant had not been able to prove his ownership and possession over the same, what to talk of his alleged dispossession therefrom---Therefore, in such circumstances, even if evidence of prosecution was recorded, still there was almost zero possibility of conviction of accused/respondents and which aspect of the case had expertly been put under its grasp by the Trial Court, while rendering down the impugned order/judgment dated 10.01.2025, qua acquittal of respondents/accused, which was neither perverse nor arbitrary nor whimsical, hence, was upheld and maintained---Appeal being devoid of any merits was dismissed, in limine.

Mian Rahman Badshah vs State Ss — 2026 MLD 723 PESHAWAR-HIGH-COURT

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