ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl. Acquittal Appeal No.S-14 of 2018.
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Date of hearing |
Order with signature of Judge |
1.For orders on office objections “A”.
2. For hearing of case.
29.10.2018.
Appellant in person.
Mr. Raja Imtiaz Ali Solangi, A.P.G
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The appellant by way of instant criminal acquittal appeal has impugned judgment dated 30.12.2017, passed by learned Civil Judge & Judicial Magistrate, Lakhi, whereby the private respondents were acquitted of the offence for which they were charged.
The instant appeal is time barred by 60 days, therefore, the appellant was called upon to argue the maintainability of instant criminal acquittal appeal on the point of limitation.
It is contended by the appellant that she being illiterate lady could not file appeal within the time. By contending so, she sought for condonation of delay in filing of appeal, as such mistake according to her was not malafide.
Learned A.P.G sought for dismissal of instant criminal acquittal appeal by contending that it is time barred and no application for condonation delay is filed by the appellant.
I have considered the above arguments and perused the record.
As per Sub Section 2 (A) to Section 417 Cr.PC, any person aggrieved by the order of acquittal passed by any Court other than High Court may within 30 days file an appeal against such order. The instant appeal is filed much after expiry of stipulated period of 30 days, as such it is time barred. No application for condonation of such delay in filing of appeal has been filed by the appellant. Unexplained delay in filing of appeal could not be condoned only for the reason that the appellant being illiterate lady could not file the same within time, and mistake on her part was not malafide. The ignorance of law is no excuse.
Based upon the above discussion, the instant appeal is dismissed as time barred.
JUDGE
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