Asadullah vs Zamran Ss — 2025 PCrLJ 1168 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 PCrLJ 1168 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: PCRLJ
Parties: Asadullah vs Zamran Ss
Subject matter: Criminal
Provisions referred to: S. 417; S. 29; S. 5; Penal Code (XLV of 1860)

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

Asadullah VS Zamran Ss. 417 & 417(2a)---Limitation act (IX of 1908), Ss. 5 & 29---Penal Code (XLV of 1860), Ss. 337-a, 337-D & 337-F---Murderous assault---appeal against acquittal, filing of---Limitation---appeal against acquittal filed beyond the prescribed period of limitation---Scope---Perusal of record revealed that the impugned judgment was passed on 25.05.2024---Law provided room of one month for the aggrieved person to file an appeal against acquittal under S.417(2-a), Cr.P.C, whereas the facts of the present case suggested that the appellant acted beyond the circumference in filing the present appeal on 05.07.2024, instead of the recommended deadline of one month i.e. 25.06.2024---appellant had filed the present appeal with an unexplained delay of about 10-days---Limitation for filing of appeal against acquittal is provided as 30-days in S.417(2-a), Cr.P.C---Section 5 of the Limitation act, 1908 for condonation of delay was not applicable to S.417, Cr.P.C, as clearly laid down in S.29 of the Limitation act, 1908---Hence, it is clear that if there is a special provision of limitation provided under the relevant law then S.5 of the Limitation act, 1908, will not be applicable for condoning the delay---appeal being time barred was dismissed, in limine.

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