Law: Pakistan Penal Code, 1860

Section: 34,302

Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Application for obtaining samples of blood of accused persons for the purpose of re-analysis through DNA test---Dismissal of application---Validity---Deceased lady had been done to death by some unknown accused persons and accused were implicated subsequently through supplementary statement---Investigating Officer obtained post mortem examination report, which showed that deceased lady was sexually assaulted prior to her death---Accused persons, after their arrest were produced before the Forensic Science Agency for DNA test, in order to ascertain whether said persons were indulged in the act of sexual intercourse with the deceased lady prior to death or not---Report of Forensic Science Agency excluded the accused persons from the sperm fractions being contributed to DNA---Counsel for the petitioner, failed to satisfy the court as to under what circumstances report received from the office of Forensic Science Agency was to be taken as dubious---Nothing was available on record to show that report in question was manoeuvred or any of the relevant officials in the laboratory was biased---In absence of any sound material creating reasonable doubt, report in question could not be discarded at the whims and wishes of the petitioner---Petitioner could not be allowed to fill-up the lacuna just to implicate the accused persons nominated by him at subsequent stage---Impugned order suffered from no illegality, perversity of reasoning or any irregularity of procedure to warrant interference by High Court---High Court directed that Trial Court decide the fate of the case on the material/evidence available on record. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE:---.--- Through this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Ghulam Hussain has challenged the legality and propriety of order dated 24.04.2018, passed by the learned Judicial Magistrate 1st Class, Jaranwala whereby the application of the petitioner for obtaining samples of blood of accused/respondents Nos. 6 to 8 (hereinafter called 'the respondents') for the…

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