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State vs Waseem Ss — 2025 PCrLJ 135 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2025 PCrLJ 135 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2025
Reporter
PCRLJ
Parties
State vs Waseem Ss
Subject matter
Criminal
Provisions referred to
S. 417

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

State VS Waseem Ss. 417 & 417(2a)---Limitation act (IX of 1908), First Sched. art. 157---appeal against acquittal filed by State---Limitation---High Court dismissed the appeal against acquittal on the ground that it was filed beyond the prescribed period of limitation and was therefore incompetent---Where the plain and simple meaning of a provision of law is clear and unambiguous, nothing should be presumed or inferred from external sources---all the appeals against acquittal covered by subsection (1) of S.417, Cr.P.C, would continue to be governed by article 157 of the Limitation act, 1908---Legal position regarding the limitation period remained unchanged even after the addition of subsection 2a to S.417, Cr.P.C, which granted the right to appeal within thirty days to an aggrieved person---Similarly, subsection (2) read in conjunction with subsection (3) of S.417, Cr.P.C, which pertains to acquittal appeals in complaint cases, confers the right of appeal solely to the complainant within sixty days, subject to the condition of obtaining special leave for said purpose---However, regarding the appeal on behalf of the State, the correct legal position is that the limitation period for filing an appeal under S.417(1), Cr.P.C, is six months, as prescribed by article 157 of the Limitation act, 1908---In the present case, the appeal against acquittal on behalf of the State was filed within six-months period from the date of the acquittal order rendered by the trial Court, thus it was filed within time---appeal was allowed by setting aside impugned judgment and the case was remanded to the High Court for decision on merits.

Other judgments reported in 2025 PCRLJ

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