Ashiq Hussain son of Haji Karim Bakhsh resident of Nowshera Cantt.. District Peshawar was prosecuted under section 3 of Suppression of Prostitution Ordinance, 1961 and he was found guilty of the said offence by Mr. Gui Rehman Khan, Magistrate Ist Class, Nowsbera who convicted him and sentenced him to undergo simple imprisonment for a period of one month and also to pay a fine of Rs. 200 or in default of payment of fine to undergo further simple imprisonment for two months.
2. The allegations against the petitioner as we find in the complaint (Exh. P. B.) are that he was running his house as a brothel house and was allowing bad character people to visit his house.
There is no allegation in A this complaint as to who was being used for immoral purposes by the peti--tioner. The simple allegation is that, people were coming from far off places to his house for adultery.
3. It wag argued on behalf of the petitioner by his learned counsel that the witnesses 'who had appeared against him in this case are all who had signed the complaint but that they are very petty people and they hail from mean families. He further submitted that these witnesses were already against the petitioner and that they were bent upon harming him and defaming him for one reason or the other and that from the side of the petitioner respectable people were tendered in the witness-box who testified to the good character of the petitioner. He submitted that out of the defence witnesses who have been examined in this case one is the proprietor of the Mohallah in which the petitioner lives and he has stated that the petitioner is a man of good character and that he had never heard any complaint against him or his family. He further slated that he had verified and had come to the conclusion that there was some dispute over the children between the petitioner on the one hand and some of the witnesses who appeared from the side of the prosecution on the other. I have carefully gone through the evidence recorded in this case. The learned State counsel at the outset conceded that so far as the prosecution witnesses are concerned he could no rely on their evidence. The petitioner is an old man and so is his wife and out of the five daughters of the petitioner, according to the prosecution witnesses, four are already married and they are living with their husband and the youngest one has also been given in Nikah.
It shows that there was no one in the house of the petitioner who could attract an immoral person to his house for immoral purposes or who could go with some bad cha--racter person outside for the said purpose. The accused has denied the allegations and from his side, besides Mian Shahzada who is the proprietor of the build--ing in which the petitioner lives and some of the P. Ws.
Also live, Faqir Hussain, Sh. Zainul Abideen and Sh. Muhammad Ibrahim have also appeared in the witness-box and they have stated that they have heard no complaint against the petitioner that he is either a bad character or he is running a brothel house nor about anything which comes within the ambit of section 3 of the said Ordinance. Sh. Zainul Abideen D. W. 2 is an Ex-Vice President of the Cantonment Board and he is also the Chairman of the B. D. System. Sh.
Muhammad Ibrahim another elderly person was also the Ex-B. D. Member. He is a pensioner. He too stated that Ashiq Hussain petitioner was a man of good character. D. W. Faqir Hussain is the Mohallahdar and he has also stated that Ashiq Hussain petitioner is a good man and his family people are also good and that none has complained against him or his family about their character.
4. The learned State counsel submitted that the evidence produced by the petitioner is more weighty therefore he could not support the conviction of the accused petitioner.
5. I have carefully considered the evidence recorded in this case. I have also considered the circumstances which led to this allegation and after hearing the learned counsel for the petitioner and the learned State Counsel, I have come to the conclusion that the case against Ashiq Hussain was not well-founded.
6. The result is that I accept this revision petition, set aside the decision of the Magistrate and the Additional Sessions Judge and acquit Ashiq Hussain of the charge. He is on bail. He is discharged from the bail bond.