Muhammad Nadeem Aslam vs State Ss — 2025 PCrLJ 1698 LAHORE-HIGH-COURT-LAHORE

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Muhammad Nadeem Aslam VS State Ss. 302(b), 363, 377 & 201---Qatl-i-amd, kidnapping, sodomy, causing disappearance of evidence---Appreciation of evidence---DNA analysis not performed---Inconsequential---Accused was charged for kidnapping and murdering the minor son of complainant after committing sodomy with him---Accused alleged that since the report of DNA was negative, hence on that sole score alone he deserved clean acquittal---Validity---Said contentions raised by accused had no force because Forensic Science Agency had issued a compromised report wherein it was crystal clear that "no analysis was conducted on items #1 and 2"---In that case item No.l was the reference swabs from victim/deceased, whereas item No.2 was the reference swabs from accused/appellant---No explanation whatsoever was given by the Analyst of Forensic Science Agency that as to why the required test was not conducted when sufficient samples were with him and apparently the undue benefit seemed to have been extended to the appellant through the said report---No doubt DNA was a powerful investigative tool because with the exception of identical twins, no two people have the same DNA, therefore, DNA evidence collected could be linked to a suspect or could eliminate a suspect from suspicion---Nevertheless, Forensic Science Agency Report could not be considered as negative report because by not performing DNA analysis it did not eliminate the suspect from suspicion---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, prosecution failed to prove the motive part of the case, therefore death sentence was converted into life imprisonment---With the modification in the sentence, appeal was dismissed.

Muhammad Nadeem Aslam vs State Ss — 2025 PCrLJ 1698 LAHORE-HIGH-COURT-LAHORE

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