ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Acquittal Appeal No.S-10 of 2017.

Date of hearing

Order with signature of Judge

1. For orders on M.A.No.731/2017.

2. For hearing of case.

05.11.2018.

Mr.Ghayoor Abbas Shahani, Advocate for appellant/complainant.

Mr.Raja Imtiaz Ali Solangi, A.P.G

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                   The appellant/complainant by way of instant criminal acquittal appeal has impugned judgment dated 02.09.2016, passed by learned Civil Judge & Judicial Magistrate, Kashmore. It is barred by time by 103 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 after having formed an unlawful assembly and in prosecution of their common object, committed theft of cattle of appellant/complainant Muhammad Saifal, which were being grazed by his brother Sikandar. On being objected to such theft, they caused hatchet and lathi blows to him and then went away by making aerial firing to create harassment, for that the present case was registered.

                   It is contended by learned counsel for the appellant/complainant that the learned trial Magistrate has recorded acquittal of the private respondents without lawful justification. By contending so, he sought for hearing of instant appeal on merits after condoning the delay in filing of appeal.

                   Learned A.P.G has sought for dismissal of the instant criminal acquittal appeal by contending that it is miserably time barred.

                   I have considered the above arguments and perused the record.

                   The FIR of the incident has been lodged with delay of one day, such delay could not be lost sight of. The instant criminal acquittal appeal is barred by time by 103 days. No plausible reason is advanced by the appellant/complainant which may justify condoning such a long delay in filing of instant appeal. Needless to state that on expiry of appeal period, a valuable right has arisen 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

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