Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art. 133--- Cross-examination of witness---Reference made in to statement of witness who had not been cross-examined---Effect---Material flaw in ---During trial only two witnesses were examined but the Trial Court and Appellate Court referred to the statement of a witness as "PW-3"; held, that a third witness did submit his affidavit in evidence but he did not appear before the court for cross-examination---If the said person did not face the rigours of cross-examination how any reference could be made to him as "PW-3"---Said fact spoke volumes about casual approach on the part of the Trial Court and Appellate Court---High Court remanded the matter to the Trial Court for decision afresh. THIS ORDER PASSED BY: SHUJAAT ALI KHAN, JUSTICE:---.--- By way of filing this petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has assailed validity of judgments and decrees, dated 28.02.2017 and 01.08.2017 passed by the learned Judge Family Court, Sargodha (the learned trial Court) and the learned Additional District Judge, Sargodha (the learned Appellate Court), respectively. 2. At the outset learned counsel for the petitioner states that though only two PWs were examined but not only the learned trial Court but also the learned Appellate Court has referred to the statement of PW3, thus, it is a fit case for remand. 3. While responding to the contention urged by learned counsel for the petitioner, learned counsel representing respondents Nos.1 to 3 submits that though one Muhammad Imran submitted his affidavit but he did not appear for cross-examination, thus, mere mentioning of PW-3 does not render the impugned judgments illegal. 4. After hearing learned counsel for the parties and going through the documents, annexed with this petition, I have noted that the learned trial Court has specifically referred to PW-3 whereas according to learned…

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