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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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