Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 5---Prevention of illegal dispossession from property---Investigation and procedure---Non-production of material witness and non-examination of investigating officer---Effect---Complainant was aggrieved of dismissal of his complaint by the Trial Court---Allegation of complainant was that the encroacher had dispossessed his attorney from the shop by changing the locks---Contention of encroacher was that he had taken over the possession of the shop as a tenant from third person---Validity---Said third person was a necessary party and his name was to be included as accused---Attorney of complainant was an important witness who was not examined---Officer who had conducted investigation was also not examined before the Trial Court---Trial Court had rightly dismissed the complaint---Criminal revision was dismissed. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Prevention of illegal dispossession of property---Duty of complainant---Scope---Complainant is to specifically describe the unlawful act of dispossession (actus rea) by complete detail of action done by all those, who are responsible for his dispossession of the property illegally and nominate them as proposed accused in the complaint---Complainant is also required to establish that there exists a clear-cut criminal intention (mens rea) on the part of such proposed accused---Complaint against an encroacher cannot succeed in absence of unlawful act (actus rea) and a willful knowledge, a belief that he is doing an unlawful act (animous nocendi) or criminal intention (mens rea). (c) Criminal trial--- ----Burden of proof---Scope---Person who alleges some fact has to prove the same without reasonable doubt. Waqar Ali and others v. The State and others PLD 2011 SC 181 ref. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- By filing the instant criminal revision application, the applicant has questioned the legality and propriety of the impugned judgment dated 24-03-2017 passed by Additional Sessions Judge-IV, Karachi East in Criminal Complaint No. 26/2014 filed under Section 3 of Illegal Dispossession Act. Under the verdict of…

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