Download PDF Link: https://www.supremecourt.gov.pk/downloads_judgements/j.p._73_2016.pdf
Present Mr. Justice Qazi Faez Isa and Mr. Justice Mazhar Alam Khan Miankhel
The question before the Court was: Is nonconducting of DNA test fatal to the prosecution case in proving the charge of rape? The Court answered it in negative with the observations:
“We do not think that such DNA testing was required under the circumstances. Moreover, DNA testing is not a requirement of law. . . .It is also not desirable that we should impose additional conditions to prove a charge of rape, or of attempted rape, and to do so would be a disservice to victims, which may also have the effect of enabling predators and perpetrators. However, there may be cases where an accused’s DNA is retrieved for forensic determination to establish his guilt.” (Para 7)
Farooq Ahmad v. State
Download PDF Link:
https://www.supremecourt.gov.pk/downloads_jud gements/j.p._73_2016.pdf
0 Comments