ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Acquittal Appeal No.S- 59 of 2018.

Date of hearing

Order with signature of Judge

1.For orders on office objections  “A”.

2. For orders on M.A.No.4987/2018.

3. For orders on M.A.No.4988/2018

4. For hearing of main case.

5. For hearing of M.A.No.4989/2018.

29.11.2018.

Mr.Muhammad Shoaib Shaikh, Advocate for Appellant.

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                   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. 409, 379, 34 PPC r/w Section 5(ii) Railway Act-II, 1947, outcome of FIR Crime no.04/2012 of P.S Railway Jacobabad.

                   After due trial the private respondent was acquitted of the offence for which he was charged by learned Special Judge (Central) Hyderabad, vide judgment dated 28.04.2018. It is impugned by the appellant/complainant before this Court by way of instant Criminal Acquittal appeal. It is barred by time by 172 days. In order to condone such delay in filing of appeal, the appellant/complainant has filed an application u/s. 5 of the Limitation Act.

                   It is contended by learned counsel for the appellant/complainant that the appellant/complainant could not file appeal within time under bonafide mistake. By contending so, he sought for condonation of appeal in filing of appeal for its regular hearing.

                   I have considered the above arguments and perused the record.

                   The instant acquittal appeal as per office note is barred by time by 172 days. The reason which is advanced by the appellant/complainant for condoning 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 an acquittal appeal was also an official work, the appellant/complainant ought not to have forgotten to file the same within prescribed period of limitation. The delay in filing of acquittal appeal is appearing to be willful, which could not be condoned without any justifiable cause, which is lacking in the present case.

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

                                                                                            JUDGE