Law: Penal Code (XLV of 1860)

Section: 427,447

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Penal Code (XLV of 1860)--- ----Ss. 427 & 447---Criminal Procedure Code (V of 1898), S.417(2-A)---Mischief causing damage to the amount of fifty rupees, criminal trespass---Appreciation of evidence---Appeal against acquittal---Prosecution claimed that the accused had tore down the wall separating his house from that of the property claimed by the complainant---Fact that the ownership of the property was the subject matter of civil suits pending before the Courts of competent jurisdiction in which the complainant and accused/respondent were parties was not disputed---Question of ownership of the land on which the property was constructed was therefore presently subjudice---Prosecution could not establish to the satisfaction of the Trial Court that the complainant was in possession of the property---Testimony of complainant supported the finding of the Trial Court that the complainant could not establish that he was in possession of the property---Complainant acknowledged that he was unaware of the number of utility connections available at the property and could adduce no evidence establishing his possession---Moreover, it should not be hard for a person in possession of a property to establish the same through direct and secondary evidence in the event that such person resided at such property---Investigation Officer had also admitted that he never investigated where the complainant customarily resided with his family---Site map reflected that identification mark-1 was the place where the wall was allegedly torn down by accused, but such wall was reflected as back wall of the property being claimed by the complainant and not the adjoining wall between the house of accused and the property being claimed by the complainant---Circumstances established that the impugned judgment suffered from no legal infirmity---Appeal against acquittal was accordingly dismissed. Asfandiyar v. The State 2021 SCMR 2009 ref. Ishtiaq Ahmed Mirza and 2 others v. Federation of Pakistan and others PLD 2019 SC 675 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 427 & 447---Criminal Procedure Code (V of 1898), S.417(2-A)---Mischief causing damage to the amount of fifty rupees,…

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