| Citation(s) |
|---|
| 1990 SLD 411 = 1990 MLD 59 |
Sindh High Court
Criminal Bail Applications Nos. 362 and 398 and Miscellaneous Application No. 577 of 1989, decided on 25th May, 1989.
Presented By: Before Qaiser Ahmed Hamidi, J
M. Iqbal Raad for Applicants. K.M. Nadeem, AA: G. for the State.
Criminal Bail Applications Nos. 362 and 398 and Miscellaneous Application No. 577 of 1989, decided on 25th May, 1989.
Presented By: Before Qaiser Ahmed Hamidi, J
M. Iqbal Raad for Applicants. K.M. Nadeem, AA: G. for the State.
MUSTAFA and another--Applicants
VERSUS
THE STATE--Respondent
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 13
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ---S.13---Selling or disposing of girl must be with intent that she should be used for purpose of prostitution or illicit intercourse or for any unlawful or immoral purpose to fall within mischief of Section 13 of Ordinance VII of 1979---Offence in other words consists in intentional or conscious exposure of the girl to danger of degradation. Criminal Procedure Code (V of 1898)--- ---S.497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.13/14---Bail---Foreign girls were brought to Pakistan through illegal means and were exposed for sale---Offence, thus was complete when girls were sold even for unlawful and immoral purpose--Accused were said to be brokers of said girls who were caught on the spot---Offence under section 13 of the Ordinance, being punishable with imprisonment for life fell within prohibitory clause of section 497, Cr.P.C.---Bail applications were dismissed. M. Iqbal Raad for Applicants. K.M. Nadeem, AA: G. for the State. ORDER Exemption is granted, subject, however, to all just exceptions. This order of mine shall dispose of the above bail applications which have arisen out of Crime No. 195 of 1989, Gulshan-e-Iqbal, P.S. under section 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. A secret information was received by Rao Muhammad lqbal, Inspector Crimes Branch (East) Karachi, that a group of persons residing in Rajput Colony were indulging in illegal trade of sale of minor girls belonging to Bangla Desh who are brought from Bangla Desh, through illegal means and are disposed of for immoral and unlawful purpose. He, therefore, set up two fake customers namely, Muhammad Jameel and Mubasharullah, who went to the house of applicant Mustafa and settled the deal at Rs. 30,000 per girl. A raid was then made and brokers Mustafa, Rasheed, Shah Alam, Ali Akbar, M. Mujeeb-ur-Rehman, Munir Hussain and Noorul Islam were arrested, while others escaped. Few Bangla Deshi girls were also…