SC wants use of scientific methods in criminal cases

Proposes revision of relevant law for admissibility of DNA evidence to speed up wheels of dispensation of justice

ISLAMABAD:

The Supreme Court has stressed on using scientific methods, modern forensic techniques and devices in the cases falling under the criminal justice system.

A three-judge bench of the apex court led by Justice Manzoor Ahmad Malik while hearing a criminal case also proposed revision of relevant law for the admissibility of DNA evidence in order to speed up the wheels of dispensation of criminal justice.

"It is important to underline that the use of the word ‘Chemical Examiner’ in section 510 Cr PC is almost obsolete and has no established definition. Now, ‘forensic scientists’ run and manage modern forensic laboratories. It is time for the government to consider revision of section 510 Cr PC allowing reports of all the government forensic scientists (as opposed to the specified ones under section 510 Cr PC) to be per se admissible, to speed up the wheels of dispensation of criminal justice in the country. Needless to say that under the proviso to section 510 Cr PC the courts can always summon and examine the expert who has prepared and authored the report," said a nine-page judgment authored by Justice Syed Mansoor Ali Shah in a murder and rape case of an eight-year old girl.

The top court also ordered to send copy of judgment to the law ministry for consideration.

Section 510, Cr PC said that the report would not be admissible in evidence if it is not signed by the chemical examiner or the assistant chemical examiner appointed by the government.

Justice Shah noted that DNA evidence is considered as a gold standard to establish the identity of an accused.

"It can safely be concluded that DNA test due to its accuracy and conclusiveness is one of the strongest corroborative pieces of evidence.”

Justice Shah referred to Salman Akram Raja case wherein it had been held that DNA test help provide the courts the identity of the perpetrator with high degree of confidence, and by using the DNA technology the courts were in a better position to reach at a just conclusion whereby convicting the real culprits and excluding the potential suspects, as well as, exonerating wrongfully involved accused.

“DNA test with scientific certainty and clarity points towards the perpetrator and is, therefore, considered one of the strongest corroborative evidence today, especially in cases of rape.”

The usefulness of DNA analysis, however, depends mostly on the skill, ability and integrity shown by the investigating officers, who are the first to arrive at the scene of the crime. Unless the evidence is properly documented, collected, packaged and preserved, it will not meet the legal and scientific requirements for admissibility into a court of law, said the judgment.

Justice Shah observed that for the law to serve people in this technologically complex society, courts needed to understand and be open to science and its principles, tools and techniques.

"Legal decisions of the courts must fall within the boundaries of scientifically sound knowledge. A judge and more so a trial judge, acts as a gatekeeper of the scientific evidence and must, therefore, enjoy a good sense and understanding of science," he said.

The judgment further stated that as science grows so will the forensic techniques, tools and devices; therefore, courts must be open to developments in forensic science and embrace new techniques and devices to resolve a dispute, provided the said technique and device is well established and widely accepted in the scientific community as a credible and reliable technique or device.

The judgment noted that the scientific evidence is much speedier, specific, accurate and conclusive than any other human evidence and can stand the scrutiny of the court to determine the guilt or innocence of an accused.