Muhammad Faheemuddin vs State Ss — 2026 YLR 793 KARACHI-HIGH-COURT-SINDH

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Muhammad Faheemuddin VS State Ss. 447, 448 & 34---Criminal Procedure Code (V of 1898), Ss. 249-A & 417(2-A)---Criminal trespass, house-trespass, common intention---Appreciation of evidence---Application of accused seeking his acquittal pursuant to S.249-A, Cr.P.C, was allowed by the Trial Court---Validity---Accused were charged for occupying the plot of /complainant and starting construction on it---As per record the accused was acquitted for the reasons that despite lapse of considerable time, the complainant/prosecution failed to produce any other witness except the complainant---in the FIR, it was expressly alleged that accused claimed himself as owner of the property but the complainant did not implead him as an accused in the complaint under Illegal Dispossession Act, 2005---Even before the Trial Court, counsel for complainant conceded that the complainant had no accusation against the said accused---Such a position created serious doubts about the very basis on which the claim was lodged---Trial Court also duly considered documents whereby no role was attributed to the accused nor even the names of the accused were disclosed but the same were later on added---Trial Court also duly considered pendency of civil suit filed by the uncle of the accused with respect to the same property---Trial Court rightly observed that any decision with respect to the title of the said property ought to be made in the referred civil suit instead of the present criminal proceedings---Hence, the Trial Court appreciated the entire case carefully and finally reached to the conclusion that the prosecution had utterly failed to establish the guilt of respondents/ accused beyond reasonable doubt---Appellant was unable to point out any error, perversity, or legal or jurisdictional defect in the impugned order calling for interference by this Court---Impugned order passed by Trial Court was neither perverse nor speculative, but it was based upon sound reasons, which required no interference by the High Court---Appeal against acquittal was dismissed, in circumstances.

Muhammad Faheemuddin vs State Ss — 2026 YLR 793 KARACHI-HIGH-COURT-SINDH

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