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MUHAMMAD ASIF vs SHEHZAD HUSSAIN Ss — 2022 YLRN 125 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 125 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD ASIF vs SHEHZAD HUSSAIN Ss
Subject matter
Criminal
Provisions referred to
S. 5---C; S. 417---C; Limitation Act (IX of 1908); Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASIF VS SHEHZAD HUSSAIN Ss. 408, 420 & 468---Limitation Act (IX of 1908), S. 5---Criminal Procedure Code (V of 1898), S. 417---Criminal breach of trust, cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating---Appreciation of evidence---Appeal against acquittal---Condonation of delay---Record showed that appeal was filed after expiry of thirty days period of limitation---Plea was raised by the accused/appellant that his advocate could not inform him about the date of judgment---Validity---Plea taken by the accused was a vague and general ground---No certificate of previous advocate had been filed in this regard to prove that fact---Statement of the accused could not be accepted---Admittedly appeal was time barred by about nine days---Delay of each and every day had also not been explained by the accused in the application or affidavit, nor had plausibly explained the delay in filing the appeal after obtaining certified copies---Appeal being time barred was dismissed, in circumstances.

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