1990 PLP 59 (MLD)

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. Exemption is granted, subject, however, to all just exceptions.

2. 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.

3. 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 secured. On 26-3-1989, the F.I.R. of this crime was registered at Gulshan-e-Iqbal P.S. The applicants applied for bail before Ist Additional Sessions Judge (East) Karachi, but without any success.

4. I have heard Mr. M. Iqbal Raad, learned counsel for applicants and Mr. K.M. Nadeem, learned A.A.-G. for State. The latter has opposed the bail applications.

5. To fall within the mischief of section 13 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, the selling or disposing of the girl must be with intent that she should be used for the purpose of prostitution or illicit intercourse or for any unlawful or immoral purpose. In other words, the offence consists in the intentional or conscious exposure of the girl to the danger of degradation. The record shows that Bangla Deshi girls are brought to Pakistan through illegal means and they are exposed for sale to any body who has got the capacity to purchase them. The inference is, therefore, obvious. It is at the point of time that the intention of the accused who sells such girls has to be taken into account. Again the offence is complete when the girls are sold even for unlawful or immoral purpose.

6. The applicants who are said to be brokers of these helpless Bangla Deshi girls were caught on the spot. The offence under section 13 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, is punishable with imprisonment for life and the learned counsel for the applicants was not able to bring the case out of prohibitory clause of Section 497, Cr.P.C. The bail applications have got no merits and are accordingly dismissed, N.H.Q./M-958/K ?????????????????????????????????????????????????????????????????? Applications dismissed.