RASHED alias CHAND vs State Ss — 2022 PCrLJ 664 LAHORE-HIGH-COURT-LAHORE

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RASHED alias CHAND VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---DNa samples sent for analysis after arrest of accused---accused were charged for committing murder of the brother of the complainant by firing---Prosecution had also relied upon the report of Deoxyribonucleic acid (DNa) Test of items recovered from place of occurrence i.e. a butt of cigarette and a cigarette-case with the buccal swabs of the accused---Said articles of DNa sampling and fingerprints samples, were not sent to Forensic Science agency instantly rather the same was done only after the arrest of accused and after obtaining their buccal swab standards and finger print samples---Said sole fact had shaken the credibility and evidentiary value of report of Deoxyribonucleic acid (DNa) Test and fingerprint matching report---although such tests provided strong corroboration to the stance of prosecution in identifying the accused persons, but in case of any forensic evidence, concerned authorities must adhere to the fundamentals of preserving specimens, labelling, and the chain of custody and also to comply with any constitutional or statutory requirements regulating the collection and handling of samples---For collection, preservation, safe custody and dispatching of DNa sampling and fingerprint samples to Forensic Laboratory, same principles would be applicable, which were applicable in cases of other items/samples collected for forensic opinions---Thus said evidence was not free from doubts, especially when no plausible explanation had been provided by the prosecution as to why those samples were not sent to Forensic Science agency with other items and why police authorities did wait for the arrest of the accused and sent those samples only after taking subsequent samples from the accused---So, such piece of evidence was also not of worth reliance---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---However, death sentences of two accused were converted into life imprisonment due to mitigating circumstances and death sentence of third accused was maintained---appeal was dismissed with said modification in sentences.

RASHED alias CHAND vs State Ss — 2022 PCrLJ 664 LAHORE-HIGH-COURT-LAHORE

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