Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10(4),10

Law: Constitution of Pakistan, 1973

Section: 19,34,35

Law: Anti Terrorism Act, 1997

Section: Preamble,6(c),7,6

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(4)---Anti-Terrorism Act (XXVII of 1997), Preamble, Ss.6(c) & 7--­Object and purpose of enactment of Anti-Terrorism Act, 1997---"Heinous Offence"---Nature---Rape---Victim, a child---Jurisdiction of Special Court--­Anti-Terrorism Act, 1997 was enacted for the prevention of terrorism, sectarian violation, for speedy trial of heinous offences and for matters connected therewith and incidental thereto---Heinous offence was an offence which was wicked, atrocious, cruel and offensive---Offence of raping a girl aged 6/7 years was an act which by all standards was cruel, wicked and offensive and could fall within ambit of expression "heinous offence" used in the preamble of Anti-Terrorism Act, 1997 calling for extraordinary remedy in law---Offence of raping girl of 6/7 years old was not only heinous but would also constitute a "terrorist act" as defined in S.6(c) of the said Act--­Rape of a minor girl of seven years would ordinarily lead to a sense of fear and insecurity as stipulated in S.6(c) of Anti-Terrorism Act, 1997 and would fall within ambit of the Act. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 7---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10---"Child molestation"---Meaning---Jurisdiction of Special Court to decide case of child molestation---Scope---Expression "child molestation" which had not been defined in any law in Pakistan, was some times used as synonymous to child abuse, but all acts of child abuse would not necessarily be "child molestation" ---Sexual molestation of child could be of various types---Such molestation could be fondling of genital organs of child or it could be showing him nude photographs-to-arouse his sexual emotions or it could be in form of physical nudity with the object of sexually provoking or exploiting a child---Most of said acts had not been specially made offences in criminal law of Pakistan nor rape of a child had been separately catered for--­Rape of a child or "Zina-bil-Jabr" was, an aggravated form of child molestation and a person who was proved to have committed said offence, would be punished in…

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