ABDUL HADI vs JAFAR KHAN Ss — 2022 YLRN 57 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL HADI VS JAFAR KHAN Ss. 337-a, 337-D & 34---Shajjah, jaifah, common intention---appreciation of evidence---appeal against acquittal---Limitation---accused were charged for causing injuries by means of danda and stone to the uncle of complainant---Record showed that the order was passed by the Trial Court for acquittal of the accused after submission of the challan by the police---Under S.417(2-a), Cr.P.C., if a person aggrieved by order of acquittal passed by any court other than High Court might, within thirty days, file appeal against such order---Order of acquittal passed in a case instituted upon a complaint after granting special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order---accused were acquitted of the charge from the Trial Court and the appeal filed against the acquittal of the accused/respondents by the appellant/ complainant under S.417, Cr.P.C., would come within the definition of S.417(2-a), Cr.P.C.---Limitation for filing such appeal was thirty days from the date of order/judgment---No plausible explanation was furnished in the application filed under S.5 of the Limitation act, 1908 for condonation of such inordinate delay---appeal being barred by limitation was dismissed accordingly. Head NotesCase Description

ABDUL HADI vs JAFAR KHAN Ss — 2022 YLRN 57 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported