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Criminal Revision No.478 of 1984, decided on 9th October, 1984.
‑‑‑S.447‑‑Criminal trespass, offence of‑‑No evidence on record to indicate that petitioners at time of trespass intended to insult, annoy or intimidate anyone muchless complainant‑party even not present at site at time of occurrence‑‑Conviction and sentence set aside, in circumstances.
Rafiq Ahmad Bajwa and Shaukat Rafiq Bajwa for Petitioners.
Hafiz Ghulam Bari for the State.
Date of hearing: 9th October, 1984.
The facts giving rise to this criminal revision are that a case under section 447, P.P.C. was registered at Police Station Bahlak vide F.I.R. No.151, dated 2‑8‑1982. The report was lodged by Hussain P.W.1 wherein he stated that Haq Nawaz and others after having been dispossessed on 22‑12‑1980 vide Rapat Roznamcha 163 subsequently entered into the land and took possession thereof through force. The petitioners denied the charge,.
2. To prove its case, the prosecution examined six witnesses.
3. When examined under section 342, Cr.P.C. the petitioner denied all the incriminating circumstances. They did not lead any evidence in defence.
4. The learned counsel for the petitioners contends that the prosecution has failed to prove the important ingredients of section 447, Cr.P.C. inasmuch as there is nothing on record to indicate that the petitioners had intention to annoy, intimidate or insult anyone. Conversely, the learned counsel for the State has supported the judgment of the trial Court.
5. I have considered the arguments advanced by the learned counsel for the parties with care and feel persuaded to agree with the learned counsel for the petitioners inasmuch as there is no evidence to the effect that the petitioners at the time of trespass had any intention to insult, annoy or intimidate anyone so much so the complainant party was not even present at the site at the time of occurrence. In this view of the matter the conviction and the sentence of the petitioners, are liable to be set aside on this score alone.
6. For what has been stated above, giving them benefit of doubt, the petitioners are acquitted of the charge. They shall be released forthwith if not required in any other case.
S. G. D. Revision accepted
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