Law: Pakistan Penal Code, 1860

Section: 302/364/338-C/376/34/109

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/364/338-C/376/34/109--Conviction and sentence--Challenge to--DNA--Safe custody and safe transmission--Chance witness--Un-natural conduct--Delay in FIR--Delay in post mortem--Recovery and report of PFSA allegedly cut the neck of sister of complainant with Churri--Witnesses Who were all residents of some other houses and they were not inmates of the house wherein the occurrence had taken place and the said eye-witnesses were, thus, declared chance witnesses and not worthy of reliance--Narrative of the witnesses that the accused kept waiting for their arrival at the place of occurrence and thereafter committed the same, at the exact same time as the witnesses arrived is unnatural and cannot be believed--Conduct of the witnesses, as deposed by them, was opposed to common course of natural events, human conduct and that the witnesses were not present at the time of occurrence, and their presence was procured subsequently--Report of PFSA, DNA profile obtained from the sperm fraction of the external vaginal swab and the DNA profile obtained from the epithelial fraction of the external vaginal swab was a mixture of at least two individual and the appellant could not be excluded as being a contributor to the DNA obtained from the sperm fraction of the external vaginal swab and from the eptithelial fraction of the external vaginal swab--Pw-9/I.O. handed over two sealed boxes and four sealed envelopes to PW-7, Who handed over to I.O. for their onward transmission to the office of PFSA, but PW-9/I.O. never stated so--Safe custody of the vaginal swabs is not discernable from the record of this case--In absence of such evidence, prosecution, which must establish that the chain of custody of the vaginal swabs was un broken, unsuspicious, indubitable, safe and secure, has failed to do so--The break in the chain of the custody of the vaginal swabs casts doubts and impairs and vitiates in the conclusiveness and reliability of the report of the Punjab Forensic Science Agency’s conviction cannot be upheld on the basis of medical evidence alone is ordered to be acquitted by extending him the benefit of doubt--Appeal allowed.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492