' NAZIR AHMAD BHATTI, J.---Sub-Inspector Muhammad Younas of Factory Area Police Station received information on the night of 29-12-1989 that Mst.Hameedan Bibi appellant herein, was running a prostitution den in her House No,23/13-E, Nishter Park, Walton Road, Factory Area, Lahore and used to supply girls and that there was a girl in her house even at that time for that purpose.
Thereupon the said Sub-Inspector arranged a raiding party. He sent Said Akbar F.C., as a fake customer, and gave him two marked notes of Rs,50 denomination each. The Sub-Inspector also kept watch on the house. Some time thereafter the fake customer came back and informed him that the appellant had received the said currency notes and had offered one girl named Mst.Sakina Khan as a prostitute. The police party thereafter raided the house of the appellant, and recovered the aforesaid 2 currency notes, arrested the appellant but in the meantime the girl named Mst. Sakina Khan escaped. This all happened at 12-45 in the night. On the morning of 29-12- 1989 the Sub-Inspector sent written report to the Police Station at 8-00 a.m. for registration of the case.
2. After investigation the appellant was sent up for trial before the Additional Sessions Judge Lahore who charged her under sections 13 and 14 read with section 19 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 to which she pleaded not guilty and claimed trial. After the conclusion of the trial the learned Additional Sessions Judge convicted the appellant under section 13 of the Hudood Ordinance and sentenced her to life imprisonment, to suffer 10 stripes and to pay a fine of Rs,5,000 or in default to further undergo rigorous imprisonment for one year. She has challenged her conviction and sentence by the appeal in hand.
3. It had come in evidence that the appellant had filed a writ petition in the Lahore High Court, Lahore on 24-12-1989 against the said police officer of the aforesaid police station. The occurrence was alleged to have taken place 5 days after the filing of the writ petition. There was previously no complaint of such a nature against the appellant. A fake customer, who also happened to be a foot constable of the same police station, was sent which would tantamount to luring the appellant first to commit a crime and then to implicate her in the same. It is very significant that there were only two women in the house and the raiding police party consisted of eight police officials, in spite of that one girl escaped. We have reasons to believe that the girl, who allegedly escaped, did not exist.
4. Recently many cases of such nature have come to our notice in appeal. Fake customers are sent to the houses to engage a girl for the purpose of prostitution and then the premises arc raided and on the solitary statement of a fake customer, who is generally a subordinate police official, people are involved in such a heinous crime as prostitution entailing a very strict sentence of life imprisonment. We have on several occasions made observations that this course of action adopted by the police is unlawful. People cannot be first lured to commit a crime and then to implicate them for the commission of the same. This practice is highly objectionable and it should be stopped forthwith.
5. After going through the entire record of the case we have come to the conclusion that a false case was made out against the appellant. It is a matter of great regret that innocent people are being involved in false cases by the police in order to take revenge. The duty of the police is to protect life, property and honour of innocent people but instead the police are involving them in false cases. This is not only shameful but is very regrettable. The superior police officers should take note of such highhandedness activities of the subordinate police officials.
6. We accordingly accept the appeal and set aside the conviction and sentence of the appellant recorded on 23-2-1993 by the learned Additional Sessions Judge, Lahore. She is acquitted of the offence for which she was convicted and sentenced. She is present on bail. Her bail bonds stand discharged.
7. A copy of this judgement shall be sent to the Inspector-General Police Punjab for taking strict disciplinary action against Sub-Inspector Muhammad Younus who was complainant of this case.