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Pakistani porn actress wins case

May 3, 2005

Lahore - If the proceedings in the Lahore High Court are any indication, it will be difficult to convict those charged with acting in porn movies in Pakistan.

Modern technology and the Huddod law have made it difficult for the law officers to punish them.

The Chief Justice of Pakistan Lahore High Court, Justice Shabbar Raza Rizvi, has granted bail to a woman who allegedly acted in a porn film.

For constituting offence under Section 10 of the Hudood Ordinance, it was necessary for the witnesses to witness the actual commission of offence.

Witnessing Zina or adultery by playing a film on a VCR does not fulfil the standard requirement of evidence under either the Qanoon-e-Sahadat or the Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979.

The News quoted Justice Rizvi as saying that modern technology has made it possible to superimpose one image over the other, thereby making it very difficult to decipher whether the person shown in the film or the picture is the same or a different.

"Different tactics in the photography, particularly, after introduction of computer are employed to blackmail people which is a well-known fact of the today’s society," the paper quoted him as saying.

Justice Rizvi also said that allegations levelled against her in the FIR could be taken seriously only if they could be corroborated with substantial evidence.

"To constitute offence under section 10 of the Hudood Ordinance, witnesses were required to witness the actual commission of offence. Witnessing Zina by playing a film on a VCR etc does not fulfil standard requirement of evidence under Qanoon-e-Shahadat order and the Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979, to charge under section example, under Article 71 of the Qanoon-e-Shahadat order, if the evidence refers to a fact which could be seen," he added.

He further said that the FIR did not show names of those persons who made the film or hired the petitioner for producing film.

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