Amina Hassan alias Tina and Others – Bail Granted in Zina Case Based on Video Cassette Evidence
Sitting Panel: Before Sheikh Riaz Ahmad; J
Summary: This case involved a petition for bail filed by petitioners Mst. Amina Hassan alias Teena, Rehan-ud-Din, and Azam Ali. They were accused under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with Section 18 of the Motion Pictures Ordinance. The allegations stemmed from information that Mst. Amina alias Teena and Rehan-ud-Din had committed sexual intercourse, and a video cassette of the act was prepared. Azam Ali was implicated for facilitating the commission of the crime as an employee of the Studio. The aforesaid cassette was procured and examined by the Magistrate and other concerned officials, who saw Mst. Amina alias Teena and Rehan-ud-Din committing Zina with each other. Petitioner Azam Ali was arrested on February 2, 1990, while petitioners Amina alias Teena and Rehan-ud-Din were taken into custody on March 4, 1990.
The Court determined that it was a case of “further inquiry” because it was yet to be determined whether the offense had been committed solely on the basis of a video cassette. Additionally, one of the petitioners, a female, had a suckling baby in her lap, and her case was also covered by the first proviso to Section 497(1), Cr.P.C.. In this view of the matter, the petitioners were directed to be released on bail. They were required to furnish bail bonds in the sum of fifty thousand rupees each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Multan.
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