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" CAN DNA EVIDENCE LEAD TO CAPITAL CAN DNA EVIDENCE LEAD TO CAPITAL PUNISHMENT: A LOOK AT ZAINAB ANSARI'S CASE By Muhammad Ahmad Pansota Bar-at-Law, Lahore The abduction, rape and murder of minor Zainab in January 2018 has raised serious questions on the admissibility of DNA evidence in the investigation as said evidence apparently is the only credible evidence available against the accused. The most important question that now awaits an answer is if the DNA evidence in Zainab's case is admissible and enough to sentence the accused with capital punishment? Accused in Zainab's case has been charged with sections 302, 201, 363 and 376 of Pakistan Penal Code, 1860 ("PPC") and section 7 of Anti-Terrorism Act, 1997 ("ATA"). DNA evidence is per se admissible under section 9(3) of the Punjab Forensic Science Agency Act, 2007 read with Articles 59 and 164 of Qanun-e-Shahadat Order,1984, dealing with expert opinion, within contemplation of section 510 Code of Criminal Procedure, 1898 ("CRPC"). Sections 164(A) and 164(B), inserted into CRPC in 2016, enable the authorities to obtain and use DNA evidence in rape cases. Furthermore, section 27-B of ATA permits admissibility of electronic and forensic evidence. Two major categories of cases in Pakistan, where DNA evidence is relied upon, are legitimacy/paternity cases in civil matters and sexual offences in criminal matters. As far as the first category is concerned, courts in Pakistan are a bit reluctant to decide questions of legitimacy or paternity based on DNA evidence, due to the existing provisions in Qanun-e-Shahadat Order, 1984. Article 128 of the Qanun-e-Shahadat entails that birth during marriage is conclusive proof of legitimacy. In case of sexual offences, DNA evidence is admissible but as a…