Law: Criminal Procedure Code, 1898

Section: V,417,417(2A)

Law: Limitation Act, 1908

Section: IX,5,29

Law: Pakistan Penal Code (XLV of 1860)

Section: 337A,337D,337F

(a)    Criminal Procedure Code (V of 1898)------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(2A), 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.Muhammad Sharif and others v. The State and others 2005 MLD 1333 and Noor Hussain v. Muhammad Saleem 1985 SCMR 893 rel.(b)    Limitation Act (IX of 1908)-------S.5---Condonation of delay---Scope---Delay of each day has to be satisfactorily explained, as after expiry of limitation period a vested right is created in favour of the other party which cannot be easily brushed aside as the law always helps the vigilant and not the indolent.Water and Power Development Authority v. Aurangzeb 1988 SCMR 1354 rel.Date of hearing: 23rd July, 2024.JUDGMENTZAHEER-UD-DIN KAKAR, J.---Through the instant criminal appeal filed under section 417, Cr.P.C. the appellant has impugned the judgment dated 25.05.2024. passed by the Additional Sessions Judge-VI, Quetta (the trial Court), whereby respondent No.1/accused has been acquitted in case FIR No.200 of…