Citation Name: 2024 YLR 799 PESHAWAR-HIGH-COURTBookmark this Case IMDAD ULLAH vs State Ss — 2024 YLR 799 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 799 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 799 PESHAWAR-HIGH-COURTBookmark this Case IMDAD ULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 5---P; Limitation Act (IX of 1908)

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

Citation Name: 2024 YLR 799 PESHAWAR-HIGH-COURTBookmark this Case IMDAD ULLAH VS State Ss. 302(b), 365, 203 & 109---Limitation Act (IX of 1908), S. 5---Pakistan Prisons Rules, 1978, R.90---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, giving false information respecting an offence committed, abetment---Appreciation of evidence---Delay in filing appeal against conviction--- Condonation of delay---Accused was charged for committing murder of minor son of the complainant---Admittedly, Superintendent Jail had not forwarded any appeal on behalf of the accused despite the fact that accused being confined in jail was under his supervision---It was the obligation of the Superintendent Jail to facilitate the accused in filing appeal within the prescribed period of limitation as required under R. 90 of the Prisons Rules, 1978---No material was available on file to show that accused was informed by the Superintendent Jail and his desire to file or not to file appeal against his conviction and sentence had been obtained---Accused being prayer leader must not be acquainted with the legal technicalities and its consequences--- Application for condonation of delay was allowed taking into consideration the long sentence of life imprisonment awarded to the accused.

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