| Case ID |
1ae905a3-180e-43eb-939c-8415f122f556 |
| Body |
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| Case Number |
Criminal Appeal No. 163 of 2016 |
| Decision Date |
Oct 01, 2018 |
| Hearing Date |
May 04, 2018 |
| Decision |
The appeal was allowed, and the appellants were acquitted by setting aside the conviction and sentence recorded by the Trial Court. The court found that the complainant had failed to establish his forcible or wrongful dispossession, which is a necessary ingredient to prove an offence under section 3(3) of the Illegal Dispossession Act. The circumstances indicated that the accused had been permitted to reside in the property. The court emphasized that any doubt in proving the ingredients of the offence would go in favor of the accused, and the complainant was required to prove the offence beyond a shadow of a doubt. |
| Summary |
In the case of Criminal Appeal No. 163 of 2016, the Sindh High Court reviewed the conviction of the appellants under the Illegal Dispossession Act, 2005. The complainant alleged that he was the rightful owner of a property which he claimed was wrongfully occupied by the appellants. However, the court found that the complainant had allowed the appellants to reside in the property, thus negating the claim of illegal dispossession. The court highlighted the burden of proof resting on the complainant to establish wrongful dispossession and noted the lack of independent evidence to support his claims. The decision underscores the legal principles surrounding the Illegal Dispossession Act, emphasizing the importance of lawful authority in property disputes. The appeal was ultimately allowed, with the conviction of the appellants being overturned due to insufficient evidence of wrongdoing. This case highlights key aspects of property law and the rights of owners and occupiers under the Illegal Dispossession Act. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Panhwar, Justice
|
| Lawyers |
Abrar Ali Khichi, Deputy Prosecutor General for Respondent No.1,
Raza Muhammad for Respondent No.2
|
| Petitioners |
Another,
Manzoor Ali
|
| Respondents |
The State,
Another
|
| Citations |
2020 SLD 1192,
2020 MLD 1138
|
| Other Citations |
Gulshan Bibi v. Muhammad Sadiq PLD 2016 SC 769
|
| Laws Involved |
Illegal Dispossession Act, 2005
|
| Sections |
3,
4
|