LHC acquits rape convict after six years citing insufficient DNA report
Pakistan
The court's decision stated that DNA samples are not securely transferred
LAHORE (Muhammad Ashfaq) – The Lahore High Court (LHC) on Saturday acquitted Muhammad Arif, who was sentenced to life imprisonment in a case involving the rape and murder of a 19-year-old girl by slitting her throat, after six years.
Justice Tariq Nadeem of the LHC issued an 11-page verdict on the appeal against the convict's sentence, addressing a legal point.
In his decision, Justice Nadeem wrote that in the current era, DNA plays a crucial role in bringing cases to a logical conclusion, adding that the courts must also ensure that DNA reports comply with the law and that DNA samples are securely transferred to forensic labs.
The court's decision stated that if DNA samples are not securely transferred, their reports cannot be relied upon. In criminal proceedings, DNA reports can only be considered as expert evidence and should be treated as the opinion of specialists.
The verdict further mentioned that if all other evidence is flawed, linking the accused to the crime solely based on a DNA report is insufficient.
After reviewing the evidence, the court concluded that the prosecution's case was riddled with doubts and uncertainties.
The court ruled that the conviction of the accused could not be sustained on such doubtful and unrealistic evidence, adding that charges against the accused were extremely serious, a conviction could not be based solely on this ground. There are serious legal flaws in the evidence presented against the accused.
The LHC’s decision noted that Arif was charged in 2019 under sections related to rape and murder. According to the prosecution, the accused raped the 19-year-old girl, slit her throat, and then dumped her body in the fields.
No witnesses were present at the scene at the time of the incident. The prosecution's entire case relied on technical evidence, which is considered weak evidence.
Justice Nadeem wrote that the prosecution relied on witnesses, who were last seen at the scene to connect the dots.
“Two witnesses testified that they saw the girl heading towards the fields with the accused. Such witnesses are considered highly unreliable in the eyes of the law,” he added.
The court further stated in its decision that the medical report did not find any evidence of rape. The court declared the accused's sentence null and void and ordered his release. Muhammad Arif, who is in jail, should be released immediately.
