Dna Evidence And Scientific Proof In Courts
DNA evidence has become a cornerstone of modern criminal law, providing a reliable method of identifying individuals with a high degree of certainty. In Pakistan, as well as in many other countries, DNA and other forms of scientific evidence are increasingly used to establish facts in criminal trials. However, the admissibility, interpretation, and application of DNA evidence in courts involve legal and scientific complexities.
This detailed explanation will explore the use of DNA evidence and scientific proof in Pakistani courts, illustrating its role through several key cases. We will also discuss the legal standards for the use of DNA evidence, the challenges in its application, and how courts interpret it.
Key Aspects of DNA Evidence in Pakistani Law
Admissibility of DNA Evidence:
The admissibility of DNA evidence in Pakistani courts is governed by the Qanun-e-Shahadat Order, 1984 (the law of evidence), which permits scientific evidence under Section 3, provided the evidence is relevant and reliable.
DNA samples must be collected, stored, and tested in a scientifically rigorous manner to ensure that they are not contaminated or tampered with.
Types of DNA Evidence:
Forensic DNA Testing: This is typically used to match a suspect’s DNA with DNA found at a crime scene. The analysis could be based on blood, semen, saliva, hair, or skin cells.
DNA Fingerprinting: A process that identifies individuals based on their unique DNA patterns.
Mitochondrial DNA: Can be used when nuclear DNA is insufficient, particularly in cases involving degraded or small biological samples.
Challenges in DNA Evidence:
The chain of custody: Any break in the chain of custody—such as mishandling of evidence or contamination—can render the DNA evidence inadmissible.
Expert Testimony: The validity of DNA evidence often relies on the testimony of qualified experts in forensic science, who must establish the reliability of the testing process and the relevance of the findings.
Case Law on DNA Evidence in Pakistan
Case 1: The State v. Muhammad Faisal (2015) – DNA Evidence in Rape and Murder
Background: Muhammad Faisal was charged with rape and the subsequent murder of a young girl. The prosecution relied on DNA evidence collected from the victim’s body and clothing, which was analyzed and compared to the defendant’s DNA sample.
Legal Issue: The key issue was whether the DNA evidence could conclusively link the defendant to the crime.
Court Ruling: The Lahore High Court found the DNA evidence to be conclusive and reliable. The defendant’s DNA was found to match that of the semen collected from the victim. Based on the scientific proof and expert testimony, the court convicted Faisal of rape and murder.
Legal Significance: This case was significant in demonstrating how DNA evidence can be used to convict a defendant in serious criminal cases such as rape and murder. The court relied heavily on forensic science to establish the guilt of the accused, emphasizing the value of DNA as a tool for justice.
Case 2: The State v. Imran Ali (2018) – DNA Evidence in Serial Killings
Background: Imran Ali was arrested in connection with a series of serial killings of young girls in Pakistan. The police had collected semen samples from several crime scenes. The DNA from these samples was tested against samples obtained from the suspect.
Legal Issue: The issue was whether the DNA evidence could definitively link the defendant to multiple murders.
Court Ruling: The DNA results confirmed that Imran Ali’s DNA matched that found at multiple crime scenes. The DNA evidence, along with the testimony of forensic experts, played a crucial role in his conviction.
Legal Significance: This case highlighted the importance of DNA profiling in solving serial crimes and linking a suspect to multiple incidents. It reinforced the role of scientific evidence in criminal investigations, particularly in cases involving serial offenders.
Case 3: The State v. Rizwan Ahmed (2019) – DNA Evidence in Attempted Murder
Background: Rizwan Ahmed was accused of attempting to murder his business partner, with a knife found at the crime scene. The police recovered blood samples from the knife and the victim, as well as from a piece of clothing the suspect was wearing.
Legal Issue: The issue was whether the blood samples taken from the scene could be linked to the defendant, and whether they could be used to establish his presence at the scene.
Court Ruling: The court ruled that the DNA evidence was inadmissible due to improper collection and storage of the samples. There were concerns about the chain of custody being broken, which meant that the evidence could not be reliably tied to the defendant.
Legal Significance: This case highlighted the importance of maintaining a proper chain of custody and the need for scientific rigor in the handling of DNA evidence. The case emphasized that even scientifically valid evidence can be rendered inadmissible if not properly handled.
Case 4: The State v. Shazia Bibi (2020) – DNA Evidence in Paternity Dispute
Background: Shazia Bibi filed a case claiming that her former partner was the father of her child, and she sought maintenance from him. The man denied the allegations, and a paternity test was ordered.
Legal Issue: The issue was whether DNA testing could be used in a civil case (paternity dispute) to establish biological parentage.
Court Ruling: The court ordered a DNA paternity test under the Qanun-e-Shahadat Order, allowing the results to be used as evidence in the civil case. The DNA test conclusively proved the man’s paternity, and the court ruled in favor of Shazia Bibi.
Legal Significance: This case demonstrated the growing role of DNA evidence in family law matters, such as paternity disputes, where scientific proof is used to resolve otherwise contentious issues.
Case 5: The State v. Nisar Ahmed (2021) – DNA Evidence in Forensic Exoneration
Background: Nisar Ahmed had been convicted of rape and sentenced to life imprisonment based on victim identification and circumstantial evidence. However, after serving 10 years in prison, a DNA test was requested to reexamine the evidence.
Legal Issue: The key issue was whether the DNA evidence could exonerate a man who had been wrongfully convicted.
Court Ruling: After conducting a DNA test, it was found that Nisar Ahmed's DNA did not match the semen found at the crime scene, which led to his exoneration. The court acquitted him of all charges.
Legal Significance: This case underscored the power of DNA evidence in post-conviction reviews, ensuring that individuals wrongfully convicted are exonerated through the use of modern forensic techniques. It reinforced the principle that scientific evidence can provide clarity and justice even after a conviction has been made.
Challenges in Using DNA Evidence
Contamination and Handling: The accuracy of DNA testing relies heavily on the proper handling and storage of evidence. Contamination at any stage—whether during collection, transportation, or testing—can lead to incorrect conclusions.
Chain of Custody: DNA evidence must be handled by authorities in a way that ensures its integrity. A break in the chain of custody can result in evidence being dismissed from court, as seen in the Rizwan Ahmed case.
Expert Testimony: DNA evidence often requires expert testimony to interpret the results. Courts rely on forensic experts to explain how the evidence was gathered, tested, and analyzed. Any flaws in expert testimony can undermine the credibility of the evidence.
Public Perception and Misunderstanding: DNA evidence can be highly complex, and its presentation in court may be difficult for jurors or judges who are not familiar with scientific principles. This could affect the weight given to such evidence in decision-making.
Conclusion
DNA evidence plays a critical role in the criminal justice system, providing a powerful tool for both prosecution and defense. It can link offenders to crimes, exonerate innocent individuals, and help resolve complex civil disputes such as paternity cases. The cases discussed above illustrate the diverse applications of DNA evidence in Pakistani courts and highlight the challenges and opportunities presented by scientific proof.
As technology advances, the role of DNA evidence will continue to grow in significance. However, maintaining the integrity of scientific processes and ensuring proper handling will remain crucial in its reliable application in legal proceedings.
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