ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Acquittal Appeal No.S- 45 of 2018.

Date of hearing

Order with signature of Judge

1.For orders on office objections  “A”.

2. For orders on M.A.Noo.4334/2018.

3. For orders on M.A.No.4335/2018

4. For hearing of main case.

5. For hearing of M.A.No.4336/2018.

08.10.2018.

Mr.Muhammad Shoaib Shaikh, Advocate for Appellant.

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1.                Differed.

2.                Granted.

3.                Granted.

4.                The facts in brief necessary for disposal of instant criminal acquittal appeal are that the private respondent was booked for an offence punishable u/s.122 (c) of Pakistan Railways, allegedly for having made encroachment over Railways property adjacent to Jani Dero Railway Crossing, Jacobabad.

                   After due trial the private respondents were acquitted of the offence for which they were charged by learned 2^nd Civil Judge & Judicial Magistrate, Jacobabad, vide judgment dated 08.03.2018, which is impugned by the appellant before this Court by way of instant Criminal Acquittal appeal. It is time barred and to condone such delay, the appellant has filed an application u/s.5 of the Limitation Act.

                   It is contended by learned counsel for the appellant that the appeal against acquittal as per Section 157 of the Limitation Act, is to be filed within 60 days, the instant appeal according to him is barred by 17/18 days, the same according to him could be condoned in public interest.

                   I have considered the above arguments and perused the record.

                   Admittedly, the instant acquittal appeal is time barred. The reason which is advanced by the appellant for condoning such delay in filing of appeal as per his affidavit is that he being busy in official work forgot the exact limitation period. The filing of the acquittal appeal was also an official work; the appellant ought not to have forgotten to file the same within time prescribed by law. The delay in filing of acquittal appeal as such is appearing to be willful, which could not be condoned without any justifiable cause.

                   In view of above, the instant criminal acquittal is dismissed in limine, together with listed application.

                                                                                            JUDGE