Criminal Trespass
Sections
441/447 provides that whoever enters into or upon property in the possession of
another with intent to commit an offence or to intimidate, insult or annoy any
person in possession of such property, or having law- fully entered into or
upon such property, un- lawfully remains there with intent thereby to
intimidate, insult or annoy any such person, or with intent to commit an
offence, is said to commit "criminal trespass".
The
dominant intention of the appellant was to annoy the complainant who was in
possession of the case land. The complainant might not be present at the time
of the illegal entry but he came to the scene thereafter and opposed the
appellant who, despite his protest, carried on the work of construction. So the
ingredients of section 441/447 of the Penal Code have been well-established. Mohammad Ali Member Vs. Abdul Fazul Mia
& ano., 19BLD(AD)260
