Citation Name: 2024 PCrLJ 1972 LAHORE-HIGH-COURT-LAHOREBookmark this Case Khalida Bibi vs State S

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Citation Name: 2024 PCrLJ 1972 LAHORE-HIGH-COURT-LAHOREBookmark this Case Khalida Bibi VS State S. 497---Penal Code (XLV of 1860), Ss. 371-A & 371-B---Selling and buying person for purposes of prostitution---Bail, grant of---Further inquiry---Petitioners were found in objectionable condition in a house when they were apprehended and a cash amount of Rs. 1500/- was recovered from female petitioner which she had allegedly received for prostitution---When a man and a woman were found busy in sexual intercourse in a brothel house, they could not be made subject of sections of P.P.C. added in the present case---Similarly, when a man was running a brothel, he would not be charged under S.371-A or 371-B, P.P.C, if he simply offered the services of a prostitute for sexual intercourse to a man, barring a situation when any person was actually found busy in a brothel house for sale, purchase or hiring etc. of a woman with the intent that she might be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person would at any time be employed or used for any such purpose---On receiving credible information Police could enter into places or resort of loose and disorderly characters without warrant and then depending upon the nature of offence they were authorized to initiate criminal action either through registration of FIR for an offence under Ss.371-A/371-B, P.P.C, or under the Punjab Suppression of Prostitution Ordinance, 1961, or through complaint under S.203-C, Cr.P.C., for fornication or investigation with the permission of Magistrate for offences under S.294, P.P.C---In the case in hand both the petitioners were reportedly found in objectionable condition in a house when the police raided upon them, therefore, they could not be charged for offences under Ss. 371-A/371-B, P.P.C, but for fornication under S.496-B, P.P.C if they were having sexual intercourse with each other and prosecution thereof would be initiated through filing a complaint under S.203-C of Cr.P.C.---No Medico-Legal Report was available which could support the act of recent intercourse, neither stained clothes nor any other forensic material was collected from the place of occurrence---Even no linked-material was made available to show that the female was a prostitute or the house was being used as brothel, so as to attract provisions of the Punjab Suppression of Prostitution Ordinance, 1961, against her---Moreover, it was also a missing fact as to whether the house was a place of loose or disorderly characters to justify entry of police without a warrant; therefore, criminal liability of both the petitioners would be determined by Trial Court, who were at present not found connected with the offences of FIR---Said facts, prima facie, called for further inquiry in the case of present petitioners falling within the ambit of subsection (2) of S.497, Cr.P.C---Bail petition was allowed, in circumstances. Citation Name: 2024 PCrLJ 1972 LAHORE-HIGH-COURT-LAHOREBookmark this Case Khalida Bibi VS State S. 497---Bail---Tentative assessment---Scope---Observations made in the bail order are tentative in nature based on available material and do not prejudice the case of either party in any manner.

Citation Name: 2024 PCrLJ 1972 LAHORE-HIGH-COURT-LAHOREBookmark this Case Khalida Bibi vs State S — 2024 PCrLJ 1972 LAHORE-HIGH-COURT-LAHORE

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