Law: Pakistan Penal Code, 1860

Section: 34,109,409,420,468,400

Law: Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)--- ----Ss. 409, 420, 468, 471, 109 & 34---Criminal breach of trust by public servant, or by banker, merchant or agent, cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating, using as genuine a forged document, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Limitation---Delay, condonation of---Scope---Appeal against acquittal was filed by the prosecution three days after the period of limitation---Only reason shown for seeking condonation was the delay caused due to departmental procedures, which was insufficient to upset the acquittal---Delay could not be condoned unless it was shown that the prosecution was precluded from filing the appeal in due time due to some act of the acquitted accused or by some circumstances of a compelling nature, beyond control---Reason for taking the strict view was that in most jurisdictions, an acquittal, once recorded by a competent Court, was final and the matter could not be reopened at the instance of any party including the State---Acquittal could be challenged in certain circumstances, but if it was not challenged within the period allowed by law, it would become final---Appeal merited dismissal. ORDER OMAR SIAL, JUSTICE:---.--- The State has impugned an order dated 26-2-2019 passed by the learned Special Judge (Central-II) Karachi. In terms of the said order the respondent No. 1 Shaikh Muhammad Munawar was acquitted under section 249-A, Cr.P.C, of alleged offences committed under sections 34, 109, 409, 420, 468 and 471, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947. 2. The facts relevant for the present purpose are that the impugned order was passed on 26-2-2019 whereas the appeal against the said order was filed on 29.8.2019 i.e. 3 days after the period of limitation. The State filed an application M.A. No. 9041 of 2019 praying therein that the delay in filing the appeal be condoned as the same had been caused due to departmental procedures. 3. I have heard the learned AAG as well as the learned counsel for the respondent No. 1. My observations are as follows: 4. In the case of Hussain Bakhsh v.…

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