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Limitation Act, 1908 (IX of 1908)-- ----S. 5--Criminal Procedure Code, (V of 1898), S. 417(2)(3)--Condonation of delay--Appeal against acquittal-- Double presumption of innocence--Held: "An appeal against acquittal must be within time to be entertained"--If there is a special provision of limitation provided under relevant law then Section 5 of Limitation Act, will not be applicable for condoning delay--Under Section 417 of Cr.P.C., different period of limitation is prescribed, if appeal against acquittal is filed by Provincial Government, complainant in a complaint case or by an aggrieved person in a state case--Petitioner was complainant in complaint case hence Section 417(2)(3), Cr.P.C., will be applicable to case of petitioner for which stipulated period of limitation is sixty days for filing Crl. P.S.L.A.--In an appeal against acquittal, there is a double presumption of innocence--Hence an appeal against acquittal must be within time to be entertained. ORDER Crl. Misc. No. 761-M of 2015 alongwith Crl. P.S.L.A. No. 59 of 2015 This is an application under Section 5 of the Limitation Act (IX of 1908) for condonation of delay in filing the afore titled Crl. P.S.L.A. against the judgment dated 18.10.2011 passed by the learned Sessions Judge, Mianwali whereby the Respondent Nos. 1 to 7 were acquitted in the complaint filed by the petitioner under Sections 302, 148 and 149, PPC. 2. Learned counsel for the petitioner has argued that he applied for the copy of the judgment on 17.11.2011 and the said copy was delivered to him on 23.12.2011; that the Crl. P.S.L.A could not be filed due to the winter vacations of this Court and the petition of the petitioner was returned; that then on 7.1.2012 that is the First working day of this Court after winter vacations, the petitioner filed the afore titled Crl.P.S.LA which is within the stipulated period of limitation; that the delay in filing of the afore titled Crl. P.S.L.A. was neither intentional nor willful and prayed that the delay if any may be condoned. 3. Section 5 of the Limitation Act (IX of 1908) for condonation of delay is not applicable to Section 417 of The Criminal Procedure Code (Act V of 1898) as clearly laid…

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