D.N.A. EVIDENCE ITS ADMISSIBILITY, EVIDENTIARY VALUE AND RELEVANT PROVISIONS IN PAKISTANI LAW

D.N.A. EVIDENCE ITS ADMISSIBILITY, EVIDENTIARY VALUE AND RELEVANT PROVISIONS IN PAKISTANI LAW

Statutory Provisions in Pakistani Law

                        DNA evidence is per se admissible under section 9(3) of the Punjab Forensic Science Agency Act, 2007 read with Articles 59 and 164 of Qanun-e-Shahadat Order,1984, dealing with expert opinion, within contemplation of section 510 Code of Criminal Procedure, 1898 ("CRPC"). Sections 164(A) and 164(B), inserted into CRPC in 2016, enable the authorities to obtain and use DNA evidence in rape cases. Furthermore, section 27-B of ATA permits admissibility of electronic and forensic evidence.

Reported Case laws of apex courts on DNA

·         In the case of Azeem Khan v. Mujahid Khan (2016 SCMR 274) held that DNA has merely corroboratory value and cannot be regarded as primary evidence.

·         In the case f Salman Akram Raja and another v. Government of Punjab through Chief Secretary. Civil Secretariat. Lahore and others (2013 SCMR 203) held that the Court has power to order for DNA test or any blood test in order to ascertain the truthfulness of allegations but such order must be passed with the consent of a party; the order cannot be made in routine, which view was followed in the case of Mst. Shamim Akhtar v. Additional District Judge, Gujranwala and another (PLD 2015 Lahore 500).

·         Indian Supreme Court in the case of Goutam Kundu v. The State of W.B (AIR 1993 SC 2295) held that even if there is legislation which could compel a blood test, unless and until there is consent of the concerned person, he cannot be compelled to go to the hospital for giving blood test.

·         In the case of Khizar Hayat v. Additional District Judge. Kabirwala and 2 others (PLD 2010 Lahore 422) that human error in judgment in conducting of this test cannot be ruled out in our system.

·         In the case of Rashid Minhas v. M. Fayaz (2012 PCr.LJ 816 (FSC)), the accused was charged with sodomy. Medico legal report and the chemical examination both confirmed the penetration. Victim also identified the accused as the only person involved. The trial court stated that the DNA report is of no assistance to the accused; still acquitted the accused. The Appellate court reversed the order and convicted the accused.

in the case of Mazhar v. The State (2012 YLR 652 (FSC)) the Court held that the DNA test cannot provide any benefit to the accused as the prosecution has already established their case beyond reasonable doubt as per requirement of the criminal,law.