Law: Criminal Procedure Code (V of 1898)

Section: 417

Criminal Procedure Code, 1898 (V of 1898-- ----S. 417--Appeal against acquittal--Limitation in filing of appeal--The concept of filing of criminal appeal through attorney is not provided in criminal law--There is neither any section of Criminal Procedure Code nor any other provision of law on basis of which criminal appeal can be filed through special attorney--Counsel for appellant has completely failed to point out any law to show that any person can prosecute on behalf of attorney--The limitation for filing of appeal against acquittal is provided as 30 days in section supra, as far as argument of learned counsel for appellant regarding condonation of delay is concerned, Section 5 of limitation Act (IX of 1908) for condonation of delay is not applicable to Section 417 of Criminal Procedure Code (Act V of 1898) as clearly laid down u/S. 29 of Limitation Act (IX of 1908)--If there is a special provision of limitation provided under relevant law then Section 5 of Limitation Act, 1908 will not be applicable for condoning delay--In case in hand neither any application for „ condonation of delay was filed nor any plausible explanation was extended by learned counsel for appellant, with regard to filing of appeal with an inordinate delay of 176 days--As per dictums laid down by Hon’ble Supreme Court of Pakistan, it is well settled principle of law that delay of each day has to be satisfactorily explained, as after expiry of limitation period a vested right is created in favour of other party which could not be easily brushed aside as law always helps vigilant and not indolent.                                           [Pp. 503, 504, 507] A, B, C D Limitation-- ----Condonation of delay--Appeal--It is well settled that after prescribed period of limitation has elapsed, door of justice is closed and no plea of injustice, hardship or ignorance can be of any avail unless delay is properly explained and accounted for.                                            …

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492