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Criminal Revision No. 4/L of 1984, decided on 28th April, 1985.
‑‑‑S. 10(2)‑‑Acquittal‑‑Revision against‑‑Acquittal recorded by trial Court mainly on ground of non‑appearance of first husband of accused as witness‑‑Defence resting on divorce deed executed by first husband‑ Said witness appearing in Court at time of hearing of revision‑‑Execution of divorce deed denied by said witness‑‑Non‑appearance before trial Court explained by him to be due to his absence from Pakistan‑‑Passport produced in Court‑‑First husband found to be out of Pakistan on purported date of execution of said divorce deed‑‑Case remanded to trial Court for recording further evidence in respect of genuineness of divorce deed and deciding case afresh‑‑Acquittal set aside and case remanded.
Malik Muhammad Rashid Awan for Petitioner.
Bashir Pervez Khan for the State.
Date of hearing: 28th April, 1985.
‑‑The respondents were acquitted in this case by the Additional Sessions Judge, Faisalabad of offence under section 10(2) of Ordinance No. VII of 1979 mainly on the ground that the main witness namely Hafiz Abdul Qayyum, the first husband of respondent Mst. Nasim Akhtar could not be examined by the prosecution in spite of giving several opportunities to him.
2. At the hearing of this Revision Petition Hafiz Abdul Qayyum appeared in person and explained the reasons which prevented him from appearing in the trial Court. He has produced his Passport, which shows that he was in Saudi Arabia for a considerable period and now returned back and is ready to give his evidence.
3. The defence of the respondents in this case had been that Mst. Nasim Akhtar had been divorced by her first husband Hafiz Abdul Qayyum on 19‑6‑1979. Such divorce deed has also been produced on the record, which is Exh. P.B. This deed in original on Rs. 5 stamp paper was shown to Hafiz Abdul Qayyum to identify his signature thereon. He categorically stated that the signature purporting to be his on this deed, is not his. It further transpires from perusal of his Passport that on the date this deed purports to have been executed i.e. 19‑6‑1979, the first husband i.e. Hafiz Abdul Qayyum was not in Pakistan. The visa and entries on his Passport show‑that he left for Saudi Arabia on 17‑6‑1979 i.e. two days prior to the date of the divorce deed.
4. In view of the above facts it appears necessary to remand the case to the trial Court to record further evidence in respect of genuineness of the divorce deed. (Exh. P.B.). Since Hafiz Abdul Qayyum is present and is available for evidence, he shall be examined by the trial Court and also take the specimen signatures of his as well as specimen signatures of respondent Mukhtar Ahmad and send the original divorce deed alongwith specimen signatures of the said Abdul Qayyum and Mukhtar Ahmad to the handwriting expert for comparison and report. Consequently the Revision Petition is allowed and the case is remanded to the Sessions Judge, Faisalabad to record the evidence himself as directed above and decide the case. The parties and Hafiz Abdul Qayyum are directed to attend the Court of Sessions Judge, Faislabad on the 15th May, 1985. The trial Court may call upon the two respondents to furnish fresh bail bonds for their appearance in the Court during the fresh trial. The case should be disposed of as early as possible.
S. A. Petition accepted.
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