Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss. 10/11---Qanun-e-Shahadat (10 of 1984), Art.164---Constitution of Pakistan (1973), Art.203-DD---Revisions---Complainant/respondent had alleged in the F.I.R. that accused petitioner had raped her as a result of which she had conceived and gave birth to a daughter---Trial Court while accepting the application of the complainant had directed the parties to appear before the Chemical Examiner, CAME (Centre for Applied Molecular Biology) Laboratories, for DNA test in order to ascertain by conclusive evidence whether the paternity of the child was relatable to the accused---Validity---Impugned order had no legal infirmity or jurisdictional defect and it had rather advanced the interest of justice---Law did not favour a person who had evaded execution of a judicial order and thereby obstructed the course of justice---DNA test report when produced in Trial Court could be received as evidence by summoning the expert to prove its contents---Accused in this way would have equal opportunity to cross-examine the expert, if the report would identify him as the culprit---Best possible evidence in the case in order to find out the truth or falsity of the allegation without loss of time would he the DNA test---Need for scientific verification through blood/semen grouping had been repeatedly expressed by superior judiciary, particularly in rape cases---Prosecution agencies should take heed and use latest available technology to trace and locate the actual criminal---DNA finger printing was a successful clincher---Under Art.164 of Qanun-e-Shahadat, 1984, Court might allow to be produced any evidence available because of modern devices or techniques---Holy Qur'an and Sunnah did not forbid employing scientific or analytical methods in discovering the truth---On the contrary the discovery and investigation had been strongly recommended by the Holy Qur'an and Sunnah---Courts in matters relating to Offence of Zina (Enforcement of Hudood) Ordinance, 1979 had all the powers to permit reception of evidence including resort to DNA test, if demanded by the occasion--Fundamental duty of the courts is to arrive at the…

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