Law:

Section:

(a) Illegal Dispossession Act (XI of 2005) --------- ----------S. 3 --------- Illegal dispossession --------- Onus to prove --------- Complainant is under a lawful duty to prove all ingredients of S. 3 of Illegal Dispossession Act, 2005 --------- Intention can be ascertained from the act of wrongdoer. (b) Illegal Dispossession Act (XI of 2005) --------- ----------Ss. 3 & 4 --------- Illegal dispossession --------- Appreciation of evidence --------- Circumstantial evidence --------- Location of plot --------- Determination --------- Accused was alleged to have dispossessed the complainant from plot in question who was convicted by Trial Court and sentenced to simple imprisonment for two months --------- Accused contended that he took over possession of the plot in question after proper demarcation from Capital Development Authority and after getting site-plan approved from the Authority, constructed his house --------- Validity --------- Complainant failed to prove his case beyond reasonable doubt --------- When case was built on circumstantial evidence it was the duty of complainant to link chain of evidence in a manner that it should form a continuous chain which could link one end to accused and the other to act of dispossession --------- When one link in the chain of such evidence was missing, the same had lost its validity --------- Matter between the parties could be a civil dispute regarding earmarking/location of plot in question which could be resolved by adopting proper legal course --------- Such dispute did not fall within the ambit, purview and very spirit of Illegal Dispossession Act, 2005 --------- Conviction and sentence awarded by Trial Court did not qualify perameters of S. 3 of Illegal Dispossession Act, 2005, as the complainant and the entire chain of evidence did not prove ingredients of illegal dispossession in any manner --------- High Court set aside the conviction and sentence awarded by Trial Court and accused was acquitted of the charge --------- Appeal was allowed in circumstances. 2012 SCMR 1533; 2009 YLR 1252; 2013 PCr.LJ 188; PLD 2007 Lah. 231; 2007 PCr.LJ 1347; PLD 2010 SC 661; Waqar Ali and others v. The State and others PLD…

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