Law: Illegal Dispossession Act, 2005

Section: 3,4,9

Law: Civil Procedure Code (V of 1908)

Section: 417(2)

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4 9---Criminal Procedure Code (V of 1898), S. 417(2)---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Illegal dispossession---Complainant had alleged that about three months prior to filing the complaint, accused persons illegally occupied one acre of his land---Record showed that no date and time of the alleged incident was either mentioned in the subject complaint filed under S.3(2) of Illegal Dispossession Act, 2005 or in the evidence of complainant and his witnesses---Even descriptions and boundaries of the subject land measuring 1-0 acres had not been shown in the complaint, which were essential for the identity of the subject area---Complainant had not produced any document to prove that he was owner of the subject land and he ever remained in possession thereof---Appeal against conviction was dismissed, in circumstances. (b) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4 9---Criminal Procedure Code (V of 1898), S. 417(2)---Appreciation of evidence---Appeal against acquittal---Illegal dispossession---Contradictions in the statements of witnesses---Scope---Complainant had alleged that about three months prior to filing the complaint, accused persons illegally occupied his land to the extent of one acre, hence the complaint was filed---Record showed that there were material contradictions in the evidence of complainant and witnesses---Witness had deposed that present accused along with absconding accused had occupied one acre land of complainant about 3/4 months prior to that complaint---At the time of alleged incident complainant and witness were also with him when accused occupied the land---Other witness had deposed that the accused had occupied the land at gunpoint by keeping hedge surrounding one acre and also issued threats to the complainant of dire consequences---Witness had deposed that Sonwah was situated about 300/400 feet away from disputed land, while other witness had stated in cross-examination that Sonwah would be 08 feet away from the disputed land---Complainant had stated that accused had made one hut at his one acre land forcibly, while witness had…

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