| Case ID |
d87c822e-7e04-4b40-be31-1e7e975656e6 |
| Body |
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| Case Number |
Criminal Appeal No. S-54 of 2016 |
| Decision Date |
Oct 08, 2021 |
| Hearing Date |
Sep 23, 2021 |
| Decision |
The High Court set aside the conviction and sentence awarded to the accused persons by the Trial Court, acquitting them of the charges. The decision was based on the evaluation of evidence, which indicated that the Trial Court had failed to properly assess the ownership and possession of the property in question. The Court emphasized that to attract the provisions of the Illegal Dispossession Act, it must be established that the property was immovable, the complainant was the lawful owner or in possession, and the accused unlawfully dispossessed the complainant with intent. The evidence presented was deemed insufficient to substantiate the claims of illegal dispossession, leading to the conclusion that the appellants were not guilty of the charges against them. |
| Summary |
This case revolves around the interpretation of the Illegal Dispossession Act, 2005, where the appellants were accused of illegally dispossessing the complainant from his property. The High Court scrutinized the evidence presented, focusing on the definitions of ownership, possession, and unlawful entry as outlined in the Act. The Court highlighted the importance of establishing a prima facie case to uphold charges under this law. The appeal was allowed, leading to the acquittal of the appellants, with the Court ruling that the evidence did not adequately support the prosecution's claims of illegal dispossession. This case underscores the necessity for clear evidence in cases of property disputes and the legal standards required to prove unlawful dispossession, offering insights into property law and the protection of rightful owners. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Not available
|
| Judges |
Amjad Ali Sahito, J
|
| Lawyers |
Aamir Ali Bhutto for Appellants,
Qurban Ali Malano for the Complainant,
Shafi Muhammad Mahar, Deputy Prosecutor General for the State
|
| Petitioners |
MUHAMMAD AZEEM,
Munir Ahmed,
Sikander Ali,
Basheer Ahmed
|
| Respondents |
The STATE
|
| Citations |
2023 MLD 833,
2023 SLD 1720
|
| Other Citations |
2019 MLD 1622,
2013 MLD 1444,
2018 PCr.LJ 1522,
2018 PCr.LJ 1341,
2017 YLR Note 409,
2018 PCr.LJ Note 8,
2019 MLD 1163,
2019 MLD 57
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Criminal Procedure Code (V of 1898)
|
| Sections |
3,
145
|