Can DNA evidence alone lead to a conviction in a rape case in Pakistan?
Can DNA evidence alone lead to a conviction in a rape case in Pakistan?

Can DNA evidence alone lead to a conviction in a rape case in Pakistan?

Imagine a calm afternoon in Khanewal, Punjab, when a woman’s trip to the clinic goes horribly wrong. A mother of five who is getting treatment for an illness is caught up in a terrible rape accusation against a doctor and his accomplice. But when she gets to court, she changes her tale and only has a DNA report to back it up. This brings up an important question: Is DNA evidence enough to convict someone of rape in Pakistan? A Lahore High Court decision from 2025 gives a strong answer and shows how limited forensic evidence is in Pakistan’s legal system.

A Visit That Changed Everything

In June 2023, a woman from Jhang went to see her sister in the busy town of Khanewal. She went to a nearby clinic for aid on June 6, 2023, at 4:30 p.m. because she was sick. She subsequently said that the doctor gave her a drip and some pills, and then told her to go upstairs and relax because the medicine would make her sleepy. She said that there, the doctor and another man intimidated her and raped her. She was so upset that she called the police the next day and filed FIR No. 628/2023 under Section 376 of the Pakistan Penal Code (PPC) at the City Khanewal Police Station. The Punjab Forensic Science Agency (PFSA) got medical swabs and found a DNA combination that pointed to the doctor. But when the trial started, the woman’s evidence changed in an unexpected way. This raises the question: Is DNA evidence enough to convict someone of rape in Pakistan?

The Twist in the Courtroom

The trial was a fight between truth and doubt. The prosecution used the complainant’s first statement and the DNA report, which pointed to the doctor’s involvement, a lot. But the defense had to deal with a big twist when the lady who said she saw the rape happen took the stand on October 27, 2023. She was shocked to deny her whole narrative, even saying she never showed up for the forensic exam. The prosecution asked her questions, but she stuck to her story. The defense took advantage of the situation and asked for an acquittal under Section 265-K of the Code of Criminal Procedure (CrPC), saying that the case had no legs without the complainant’s cooperation. The trial court, on the other hand, turned down the request because of the DNA evidence. The Lahore High Court, Multan Bench, heard the case. The question was: Can DNA evidence alone be used to convict someone of rape in Pakistan?

The defense said that DNA is only corroborative and not substantive, therefore it can’t support a conviction without the complainant’s testimony. The prosecution said that forensic evidence might support a conviction under Article 164 of the Qanun-e-Shahadat Order 1984, but they also said that the fact that there were no other eyewitnesses made their case weaker. The court had to weigh scientific data against human testimony, which was a difficult undertaking that would determine the decision.

Can DNA evidence alone be enough to convict someone of rape in Pakistan?

There was no doubt about the Lahore High Court’s decision: the accused was found not guilty. The court said that DNA evidence is strong, but it can’t be used alone to get a conviction. This clearly answers the question: Is DNA evidence enough to convict someone of rape in Pakistan? No, it can’t. The court looked at cases like Muhammad Hassan v. The State (2024 SCMR 1427) and Salamat Mansha Mashi v. The State (PLD 2022 Supreme Court 751), which stress that convictions need strong evidence, including the testimony of a trustworthy complainant. The prosecution’s case fell apart when the complainant changed her mind, as there were no other eyewitnesses.

Section 376 of the Pakistan Penal Code (PPC) deals with rape and sets harsh punishments, including life in jail. The Qanun-e-Shahadat Order 1984, especially Article 164, does let judges look at modern evidence like DNA, but only if they also have strong proof. The court mentioned Riaz Ahmed v. The State (2010 SCMR 846) and Atta ul Mustafa v. The State (2023 SCMR 1698) and said that DNA is not always reliable because it can be affected by human error or manipulation. The court also brought up the Indian case Nagappa v. The State of Karnataka (2019 SCC Online Kar 3880), which shows the dangers of depending too much on DNA because it could be tampered with. Also, Article 13 of Pakistan’s Constitution protects people from incriminating themselves, which means that DNA can’t be used unless there is other evidence to back it up, according to Section 53A CrPC.

The verdict made it clear that a resiling complainant, unlike a resiling witness, destroys the prosecution’s case, especially in rape cases when the victim’s testimony is very important. The response to the issue, “Can DNA evidence alone convict in a rape case in Pakistan?” was a clear negative, because dragging the trial out any longer would be an abuse of process when a conviction was not likely.

The Big Picture

This case shows a bigger problem with Pakistan’s justice system: how hard it is to find the right balance between scientific evidence and human testimony. The court made it clear that forensic methods like DNA are useful, but they can’t replace the requirement for reliable human evidence. In other situations, cases like Kaneez Fatima v. Senior Civil Judge (PLD 2024 Lahore 715) even put circumstantial evidence, including physical likeness, ahead of DNA. The question remains: Can DNA evidence alone lead to a rape conviction in Pakistan? The response is still based on the necessity for a fair approach that protects the rights of both the accused and justice.

Final Thoughts

The Lahore High Court’s decision in 2025 makes it clear: Can DNA evidence alone lead to a conviction in a rape case in Pakistan? No, it can’t, because DNA is not substantive and needs solid witness testimony to back it up.

Are you having a legal problem? Talk to a lawyer or tell your tale below.

Questions and Answers

What does corroborative evidence mean in Pakistan law?
According to rulings like Muhammad Hassan v. The State (2024 SCMR 1427), corroborative evidence, such as DNA, can support primary evidence, such as a witness’s statement, but it cannot be used to convict someone on its own.

What effect does the Qanun-e-Shahadat Order 1984 have on rape cases?
Article 164 lets modern evidence like DNA be used, but it must match up with real evidence to make sure that trials are fair under Pakistan law.

Can DNA evidence alone be enough to convict someone of rape in Pakistan?
No, according to the Lahore High Court’s decision in 2025, DNA alone is not enough without credible testimony because it might be used only to support other evidence.

Disclaimer: This blog is not the original text or legal opinion under the law; it is only a basic guide. Please read the original decision or talk to a lawyer for legal advice.

Comments

No comments yet. Why don’t you start the discussion?

Leave a Reply

Your email address will not be published. Required fields are marked *