Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----Ss. 10(2), 13 & 14--Secret Information of Brothel House--Raided the House--Allegation of--All appellants in naked condition in separate rooms were committing Zina--Conviction of--Validity--Appreciation of evidence--Held: Out of ten police officers constituting the raiding party only two police officers appeared at the trial--Solitary female constable was also not produced at the trial--Investigating officer had prior knowledge of alleged offence being committed in a well populated area yet he did not deem it necessary to call independent witnesses of locality--It is well nigh impossible that two police officers were able to see seven couples committing Zina in different rooms at one and same time when the internal gauze doors of each room were closed--Section 13 of offence of Zina (enforcement of Hudood) Ordinance, VII of 1979 covers the cases of persons who sell persons for the purpose of prostitution and Section 14 deals with culprits who buy persons for the purpose of prostitution--The explanations of both the Sections state that a person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female, shall until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution--It, therefore, clearly means that before a presumption can be drawn it must be proved that the accused was keeping or managing a brothel--There is no evidence at all coming either from any resident of the locality or some independent source that a female was keeping or managing a brothel. Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----Ss. 8 &, 10--The purpose of promulgating offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 was certainly not to authorize police officers to undertake raids upon the private residential premises of citizens and detect the offenders and involve them in Hudood cases--Section 8 of the ordinance relates with proof of Zina liable to Hadd whereas Section 10 of the ordinance deals with cases liable to tazir--Both the sections…

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