Find a Lawyer

Criminal Appeal No. 588 of 1984, heard on 15th February,1986.

‑‑‑S. 161‑‑Prevention of Corruption Act (II of 1947), S .5(2)‑‑Criminal Procedure Code (V of 1898), S.417(2)‑‑Pakistan Criminal Law Amendment Act (XL of 1958), S.10 Acquittal--‑Appeal against‑‑Complainant filing appeal‑‑Private complainant, held, not authorised to file appeal against acquittal‑‑Private complainant could file petition for special leave to appeal under S.417(2), Cr.P.C.‑‑Appeal was, therefore dismissed in circumstances.

Malik Amjad Pervaiz for Appellant.

Ch. Qamar Shams for the State.

Date of hearing: 15th February, 1986.

This Criminal Appeal against acquittal by Chaudhry Barkat Ali complainant arises from the judgment of learned Senior Special Judge, Anti‑Corruption, Lahore Camp at Gujrat, whereby he on 7‑2‑1983 acquitted Mian Muhammad Hanif, Overseer respondent, in complaint under section 220/406/ 165/161/162, P.P.C. filed by the petitioner.

2. Since after hearing the learned counsel, I feel that this appeal does not lie therefore, I need not set out the facts in detail and enter into the merits of the case. I find that instead of filing this appeal against acquittal, Barkat Ali Akhtar complainant should have filed petition for Special Leave to Appeal under section 417(2), Cr.P.C. Section 10 of the Criminal Amendment Act, 1958 determines forum for appeal from the order of the Special Judge Anti‑Corruption it does not authorise a private complainant to file appeal against acquittal. Assuming that private complainant could file appeal against acquittal under section 10 of the Criminal Law Amendment Act, 1958, this appeal would still be not maintainable on the ground of limitation. The impugned order was passed on 7‑2‑1983. The present appeal has been filed on 4‑10‑1984 which is hopelessly time‑barred inasmuch as the period of filing appeal against acquittal is six months. It may be noted that the appellant has not even attached with the appeal certified copy of the judgment.

3. For what has been said above, the appeal is dismissed.

S.A. Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.