Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 4---Criminal Procedure Code (V of 1898), S. 417(2)---Appreciation of evidence---Appeal against acquittal---Illegal dispossession---Allegation against the accused was that he along with 10 unknown persons dispossessed the complainant illegally on gunpoint from his agricultural land---Record showed that complainant claimed to have purchased land from different persons on different dates---Descriptions and boundaries of the said areas from the survey numbers allegedly purchased by the complainant were nowhere mentioned either in the complaint or even in the evidence led by the prosecution and thus, the identity of the subject land could not be made---Complainant had not produced any document to show that he ever remained in possession of his share in the aforesaid survey numbers---Accused also claimed himself to be the co-sharer in the disputed property---Parties were disputing over the subject property and the accused claimed to be in possession of the disputed property prior to the alleged date of dispossession shown by the complainant, who had not substantiated his case as set out in his complaint by any evidence worth consideration---No case attracting the provisions of Illegal Dispossession Act, 2005 had been made out by the complainant and the matter was purely of civil nature, as the claim of the parties regarding ownership and possession over the disputed property could only be sifted by adducing evidence of the nature before the court of plenary jurisdiction with consequential relief of possession in appropriate proceedings---Circumstances established that the impugned acquittal was apt to the facts and circumstances of the case, which suffered from no illegality or for misreading or non-reading of the evidence thus did not call for any interference---Appeal was dismissed accordingly. (b) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 4---Criminal Procedure Code (V of 1898), S. 417(2)---Appeal against acquittal---Appreciation of evidence---Illegal dispossession---Contradictions in the statements of witnesses---Scope---Allegation against the accused was that he along with ten unknown persons…

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