Law: Illegal Dispossession Act, 2005

Section: 3,4

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Illegal dispossession---Ingredients of S. 3, Illegal Dispossession Act, 2005---Mens rea---Proof---Dispossessing, grabing, controlling, occupying, without lawful authority and intention to dispossess, grab, control or occupy property from the owner were ingredients of S. 3---Question of mens rea was to be proved by the Complainant on all counts. Waqar Ali and another v. The State and others PLD 2011 SC 181 rel. (b) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Appreciation of evidence---Complainant had alleged that accused persons had dispossessed him from the land owned by him---Accused persons contended that complainant had made encroachment upon their land, to which application was moved to the competent authority but no action was taken against the complainant by the competent authority---Record showed that the stance of complainant was not consistent, which fact could be ascertained from the initial complaint filed before Deputy Commissioner and statement of complainant made under section 200 Cr.P.C. in the private complaint---Complainant was not present at the time when land was illegally occupied by the accused persons and whatever stated by him either in the complaint or statement recorded before Trial Court was on the basis of hearsay information---Complainant had failed to produce any title documents in respect of disputed land, which could substantiate the claim of ownership and possession of the complainant in respect thereof---Complainant neither cited any independent person as witness nor produced to support his allegation of dispossession---Circumstances established that complainant had failed to prove the ingredients of illegal dispossession in any manner---Appeal was allowed, conviction and sentence was set aside and complaint would be deemed to have been dismissed. Bashir Ahmed v. Additional Sessions Judge, Faisalabad and others PLD 2010 SC 661; Muhammad Jumman v. The State 2001 PCr.LJ 1312; Muhammad Rafiq v. The State 2004 SD 258; Muhammad Akram v. The State 2009 SCMR 230; Gul Muhammad alias Guloo v. The State 2004 YLR 216; Pir Muzharul Haq and…

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