Law: Penal Code (XLV of 1860)

Section: 500,502

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 14

Law: Criminal Procedure Code, 1898

Section: 202

Penal Code (XLV of 1860)-------Ss. 500 & 502-A---Defamation---Private complaint---Petitioner filed private complaint against the respondent with the contention that he levelled false allegation of zina upon her---Complaint was dismissed by the Trial Court---Validity---Admittedly, the accusation of zina/illicit terms with "RM" against the petitioner was imputed by the respondent in divorce deed dated 07.06.2020, which he repeatedly made in the pleadings of the suits and family matters, which he also reiterated and reaffirmed in presence of the Court and in public, in union council office, and judicial/non-judicial proceedings, even after severing marital bond with the petitioner and no longer remaining her husband---This prima facie fell within the definition of Qazf and there was no question of applicability of the provisions of S.14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 regarding the li'an in this case---Trial judge very conveniently overlooked such aspects of the case and dismissed the subject complaint, being not maintainable, holding that the respondent, who was the husband of the petitioner, had made the accusation of zina/ illicit relations against the petitioner during subsistence of the marriage, therefore, the provisions of S.14 of the Qazf Ordinance, 1979, were attracted to the case of the petitioner---Petitioner had supported the contents of her complaint by cursory evidence and she had also been supported by the witnesses in their respective cursory statements recorded before the Judicial Magistrate, who after conducting preliminary enquiry under S.202, Cr.P.C, and recording the statements of petitioner's witnesses submitted his enquiry report dated 16.01.2023, in affirmative, which had also been completely ignored by the trial judge while passing the impugned order---Said material brought on the record had to be considered to determine whether a prima facie case was made out or not and no deeper appreciation was required at the initial stage---Impugned order, which was patently illegal, suffered from mis-reading and non-reading of the record and could not be sustained---Criminal revision petition was allowed and the case…