DNA evidence for rape

Published October 13, 2021

THE refusal by a sessions court in Karachi to consider DNA tests as evidence in the retrial of the Mazar-i-Quaid gang-rape case is surprising, given that the Supreme Court had declared DNA evidence to be admissible in rape cases many years ago. A few days ago, the court acquitted for the second time the three accused in the gang-rape case. The court was holding a retrial of the case on the instructions of the Sindh High Court. According to the prosecution, the DNA evidence clearly showed that the three accused were involved in the rape, but the court decided not to consider the evidence. The victim’s lawyer appealed for hearing the case under the Pakistan Penal Code, rather than the Hudood Ordinances. However, the court stated that since the Hudood laws had their own “standard of proof” the DNA evidence did not have any evidentiary value. The court decided to acquit the accused stating that the prosecution “failed to produce sufficient evidence through their witnesses of the incident”. The trial court had also acquitted the accused in April 2013 on the same basis.

Meanwhile, the retrial court’s decision is all the more perplexing given that the Sindh government made DNA testing mandatory in rape cases via the Code of Criminal Procedure (Sindh Amendment) Bill, 2017, and also allowed for the law’s retrospective application in all ongoing cases. The decision seems to be controversial given the fact that the Mazar-i-Quaid gang rape case was registered by police under Section 365-B of the Pakistan Penal Code and Section 376 (ii) of the Protection of Women (Criminal Laws Amendment) Act, 2006, calling for life imprisonment of those found guilty. In a society where misogynistic mindsets have made crimes against women rampant, this selective application of the laws is akin to not only justifying the crime but also exonerating the perpetrators. One hopes that civil society and the higher judiciary take notice of this decision and provide alternative legal recourse to the victim.

Published in Dawn, October 13th, 2021

Opinion

Editorial

China security ties
Updated 14 Nov, 2024

China security ties

If China's security concerns aren't addressed satisfactorily, it may affect bilateral ties. CT cooperation should be pursued instead of having foreign forces here.
Steep price
14 Nov, 2024

Steep price

THE Hindu Kush-Himalayan region is in big trouble. A new study unveiled at the ongoing COP29 reveals that if high...
A high-cost plan
14 Nov, 2024

A high-cost plan

THE government has approved an expensive plan for FBR in the hope of tackling its deep-seated inefficiencies. The...
United stance
Updated 13 Nov, 2024

United stance

It would've been better if the OIC-Arab League summit had announced practical measures to punish Israel.
Unscheduled visit
13 Nov, 2024

Unscheduled visit

Unusual IMF visit shows the lender will closely watch implementation of programme goals to prevent it from derailing.
Bara’s businesswomen
13 Nov, 2024

Bara’s businesswomen

Bara’s brave women have proven that with the right support, societal barriers can be overcome.