DNA (Deoxyribonucleic acid)
CONSENT OF VICTIM
Ss. 375 & 376…Rape--- DNA test--- Consent of victim, obtaining of--- Scope---Consent of victim was
necessary and he/she could not be subjected to DNA testing or other medical test forcibly for
prosecution purposes because that
would amount to infringement of personal liberty of victim.
CONSENT OF VICTIM
Ss. 375 & 376…Rape--- DNA test--- Consent of victim, obtaining of--- Scope---Consent of victim was
necessary and he/she could not be subjected to DNA testing or other medical test forcibly for
prosecution purposes because that
would amount to infringement of personal liberty of victim.
(2013 SCMR 203 SUPREME-COURT) SALMAN AKRAM RAJA vs GOVERNMENT OF PUNJAB through
CONSENT OF ACCUSED
Rape-----Consent of accused was not required for conducting DNA test or any blood test in order to
ascertain truthfulness of the allegation. (2013 SCMR 203 SUPREME-COURT)
AT THE EARLIEST STAGE
Request for administration of DNA test should be made at the earliest stage of the case. .
(2013 SCMR 203 SUPREME-COURT)
SIGNIFICANCE OF DNA TEST
Rape--- ---DNA test provided the courts a mean of identifying perpetrators with a high degree of
confidence---By using DNA technology the courts were in a better position to reach at a conclusion
whereby the real culprit would be convicted, potential suspects would be excluded and wrongfully
involved accused would be exonerated. (2013 SCMR 203 SUPREME-COURT
FAILURE TO GET DNA TEST…EFFECT
If the rule of the sole testimony of the prosecutrix as sufficient evidence, was accepted, as
absolute without any exception thereto, what shall be the outcome of a case, where a lady claims being
raped or gang raped, but the medical evidence negates it; it was not in every gang rape case, that the
sole testimony should be accepted and relied upon, but each case should be assessed and adjudged on
its own facts---DNA and/or group semen test, in the present case was of immense importance which
could have scientifically determined as to whether the intercourse with the prosecutrix was committed
only by one or by a group of persons---Benefit of such omission should go to the accused, rather the
prosecution. (2011 PLD 554 SUPREME-COURT) State VS ABDUL KHALIQ
Report of Chemical Examiner qua vaginal swabs not obtained---DNA test not conducted---Semen
grouping not done to ascertain involvement of accused---Effect---Semen found on vaginal swabs of the
victim would lose its evidentiary value in such circumstances. (2014 PCrLJ 599 LAHORE-HIGH-COURTLAHORE
) PARVAIZ vs State
CONSENT OF ACCUSED
Rape-----Consent of accused was not required for conducting DNA test or any blood test in order to
ascertain truthfulness of the allegation. (2013 SCMR 203 SUPREME-COURT)
AT THE EARLIEST STAGE
Request for administration of DNA test should be made at the earliest stage of the case. .
(2013 SCMR 203 SUPREME-COURT)
SIGNIFICANCE OF DNA TEST
Rape--- ---DNA test provided the courts a mean of identifying perpetrators with a high degree of
confidence---By using DNA technology the courts were in a better position to reach at a conclusion
whereby the real culprit would be convicted, potential suspects would be excluded and wrongfully
involved accused would be exonerated. (2013 SCMR 203 SUPREME-COURT
FAILURE TO GET DNA TEST…EFFECT
If the rule of the sole testimony of the prosecutrix as sufficient evidence, was accepted, as
absolute without any exception thereto, what shall be the outcome of a case, where a lady claims being
raped or gang raped, but the medical evidence negates it; it was not in every gang rape case, that the
sole testimony should be accepted and relied upon, but each case should be assessed and adjudged on
its own facts---DNA and/or group semen test, in the present case was of immense importance which
could have scientifically determined as to whether the intercourse with the prosecutrix was committed
only by one or by a group of persons---Benefit of such omission should go to the accused, rather the
prosecution. (2011 PLD 554 SUPREME-COURT) State VS ABDUL KHALIQ
Report of Chemical Examiner qua vaginal swabs not obtained---DNA test not conducted---Semen
grouping not done to ascertain involvement of accused---Effect---Semen found on vaginal swabs of the
victim would lose its evidentiary value in such circumstances. (2014 PCrLJ 599 LAHORE-HIGH-COURTLAHORE
) PARVAIZ vs State
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