| Citation(s) |
|---|
| 2013 SLG 2113 2013 SLD 2113 2013 PCRLJ 188 |
Balochistan High Court
Criminal Appeal No. 14 of 2009, decided on 5th August, 2012. DATE of hearing: 29th July, 2011
MUHAMMAD HASHIM KHAN KAKAR, J
H. Shakil Ahmed for Appellant. Munir Ahmed Langove for
Respondent No. 1. Abdul Sattar Durrani, D.P.G. for the State
Criminal Appeal No. 14 of 2009, decided on 5th August, 2012. DATE of hearing: 29th July, 2011
MUHAMMAD HASHIM KHAN KAKAR, J
H. Shakil Ahmed for Appellant. Munir Ahmed Langove for
Respondent No. 1. Abdul Sattar Durrani, D.P.G. for the State
SHAHID HAKEEM
VS
ALTAF HUSSAIN AGHA and another
Law:
Section:
Illegal Dispossession Act (XI of 2005)-------S. 3---Encroachment and illegal dispossession---Appreciation of evidence---In order to constitute an offence under S.3(1) of Illegal Dispossession Act, 2005, complainant must disclose existence of both, unlawful act (actus rea), and criminal intent (mens rea)---Mere encroachment was something different from illegal dispossession as encroachment did not involve intention of grabbing the property---Illegal Dispossession Act, 2005, having no retrospective effect, could not be applicable to the cases of unauthorized occupants pending before any other forum on the date of promulgation of said Act, but if the case of illegal occupant was not already pending before any other forum on the date of promulgation of said Act, same would squarely fall within the ambit of said Act. Rahim Tahir v. Ahmed Jan and 2 others PLD 2007 SC 423 rel. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, J.---This criminal appeal has been preferred against the judgment dated 21st February, 2009, passed by the Sessions Judge, Lasbella at Hub, whereby he has convicted and sentenced appellant Shahid Hakeem under section 3(2) of the Illegal Dispossession Act 2005 to suffer two years' R.I. and fine of Rs.10,000, in default whereof to further undergo S.I. for one month. He was also directed to pay an amount of Rs.20,000 as compensation to the complainant as required under section 544-A of the Cr.P.C. 2. Brief facts of the case, necessary for disposal of this appeal, are that respondent No.1 Altaf Hussain Agha filed a complaint dated 24th March, 2008 under sections 3, 6, 7 and 8 of the Illegal Dispossession Act, 2005 against one Javed Sikandar (the then Managing Director of Bolan Casting Ltd.), wherein it was alleged that the complainant was the proprietor of Messrs Abbas Spinning and Weaving Mills, who purchased in auction the property of Bela Engineering Ltd. from the Official Assignee of Sindh High Court failing under Survey No.35 in being Survey Nos.253, 88, 120, 80, 194, 258, 259, 79, 81, 83, 89, 99, 111, 112, 115, 116, 117, 118, 119, 193, 195, 196, 197, 198, 252, 254, 255, 256, 257, 260, 261, 264, 360, 102, 87, 99, 91, 113, 114, and 192, situated at Hub,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492