ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Acquittal Appeal No.S- 53 of 2018.

Date of hearing

Order with signature of Judge

1.For orders on office objections  “A”.

2. For orders on M.A.No.4736/2018.

3. For orders on M.A.No.4737/2018.

4. For hearing of main case.

5. For orders of M.A.No.4738/2018.

02.11.2018.

Mr.Abdul Rehman Bhutto, Advocate for appellant/complainant.

                                      ------------

1.                Deffered.

2.                Granted.

3.                Granted.

4 & 5.          The appellant/complainant by way of instant criminal acquittal appeal has impugned an order u/s 249-A Cr.PC dated 09.04.2018, passed by learned Civil Judge & Judicial Magistrate, Thull, whereby he has acquitted the private respondents of the charge. It is barred by time by 172 days. In order to condone such delay in filing of instant appeal, the appellant has also filed an application u/s. 5 of the limitation Act.

                   The facts in brief necessary for disposal of instant criminal acquittal appeal are that the private respondents with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, by using criminal force, caused lathi blows to appellant/complainant and PWs Qamaruddin and Muhammad Qasim and then went away by making aerial firing to create harassment and issuing threats of murder to appellant /complainant and others, for that they lodged the FIR of the present case to police. On investigation, the private respondents were challaned and then were acquitted by learned trial Magistrate u/s 249-A Cr.PC. 

                   It is contended by learned counsel for the appellant/complainant that he could not file the appeal within time, as he was prevented from doing so by his opponents by involving him in a false case. By contending so, he sought for condoning the delay in filing of appeal.

                   I have considered the above arguments and perused the record.

                   Admittedly, the instant criminal acquittal appeal is barred by time by 172 days. The reason which is advanced by the appellant/complainant for his failure to file the instant criminal acquittal appeal within time is that he was prevented by his opponents from doing so by involving him in false criminal cases. No such proof is brought on record by the appellant/complainant. The delay in filing of the appeal is appearing to be willful. No willful delay in filing of the appeal could be condoned under any pretext, because on expiry of appeal, a valuable right arises in favour of the private respondents automatically; that could not be taken away by calling upon them to face a time barred appeal.

                   The instant criminal acquittal appeal is dismissed as time barred together with listed application.

                                                                                                      JUDGE

..