Law: Penal Code (XLV of 1860)

Section: 448, 441

(a) Penal Code (XLV of 1860), S. 448 read with S. 441-Charge not specifying intents contemplated in S. 441 to constitute criminal trespass-Findings of Court however indicating that intention of accused in taking forcible possession of disputed property was to J annoy complainant in possession-Conviction under S. 448, in circum stances, held, not bad in law-Criminal Procedure Code (V of 1898), S. 221. In the instant case in the charge under section 448 of the Pakistan Penal Code, it was stated that the accused persons had the dwelling but of the complainant "with intention forcibly possess the said but and to live there". Both the below upon discussion of evidence came to a concurrent finding that the petitioners had forcibly entered into the dwelling but of the complainant. The trial Court did not record any finding regarding the intent of the accused but the appellate Court held that this entry was "with the intent of occupying it by force as alleged by the prosecution". It is true that neither the charge specified any of the intents contemplated under section 441 of the Pakistan Penal Code to constitute an Once of criminal trespass nor did the Courts below, on the facts proved, took pains to record a finding regarding the criminal intention of the used. An inference can be drawn, in this case, that the intention of the petitioners in taking forcible possession of the dwelling but was to annoy the complainant, who was found by both the Courts below to have been in possession of the said dwelling hut. Hence the conviction of the petitioners under section 448 of the Pakistan Penal Code cannot be said to be bad in law. If from-the facts and circumstances of a case, an inference regarding the intent as specified in section 441 of the Pakistan Penal Code can be drawn, then a conviction for the offence of criminal trespass can be sustained. Hence although the charge, Miff this case, was not happily worded it, by itself, could not vitiate the conviction of the petitioners. Abdul Gafur and others v. The State 20 D L R 428 not fol. Jane Alam v. The State P L D 1965 S C 640 fol (b) Criminal Procedure Code (V of 1898), S. 439-Revision Findings of…