Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 61---Opinion as to handwriting when relevant---Apart from other modes, one mode for proving the signature of a person is under. Art.61 of Qanun-e-Shahadat, 1984, under which the signature or the document can be proved through a person who is conversant with the signature and writing of the person whose signature and writing are to be proved. Agha Wazir Abbas v. The State 2003 PCr.LJ 1353 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 510---Report of Chemical Examiner, Serologist etc. ---Handwriting science is a completely different field and a different science than the categories of sciences mentioned in S.510, Cr.P.C.---Provisions of S.510, Cr.P.C. are not applicable to the report of Officers in respect of sciences other than those mentioned in the section. Zamir Hussain v. Crown PLD 1949 Lah. 179 ref. (c) Qanun-e-Shahadat (10 of 1984)---- ----Arts. 46 & 71---Cases in which statement of relevant fact by person who is dead or cannot be found etc. is relevant---Eight clauses mentioned in Art.46 of the Qanun-e-Shahadat, 1984 are exceptions to the general rule of evidence that all oral evidence must be direct, viz., if it refers to a fact which could be seen it must be the evidence of the witness who says he saw it; if it refers to a fact which could be heard it must be the evidence of the witness who says he heard it; if it refers to a fact which could be perceived by any other sense it must be the evidence of the witness who says he perceived it by that sense; if it refers to an opinion it must be the evidence of the witness who holds that opinion, as provided by Art. 71 of Qanun-e-Shahadat, 1984--­When a person deposes a fact in a Court of law he states under the oath and is liable for prosecution for perjury if he states falsely and his statement can be tested through cross-examination, thus there is some sort of guarantee of truth to the said statement, but in a case covered under any clause of Art.46 of the Qanun-e-Shahadat, 1984, said safeguards are absent, as the maker of the statement is not examined as a witness at all---Article 46 thus relates only to relevancy of evidence and not to the manner…

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