Muhammad Arif vs State Ss — 2026 PCrLJ 875 LAHORE-HIGH-COURT-LAHORE

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Muhammad Arif VS State Ss. 302(b), 376 & 338-C---Qatl-i-amd, rape, isqat-i-janin---Appreciation of evidence---Safe transmission of sample parcels to the office of Forensic Science Agency not proved---Accused was charged for committing murder of the niece of complainant by cutting her throat with sharp-edged weapon---Court should be very conscious about the safe transmission of sealed sample parcels of DNA to the office of the Forensic Science Agency, which was lacking in this case---Woman Medical Officer during her examination-in-chief stated that after conducting autopsy on the dead body of deceased, she handed over to police last worn clothes of deceased, police papers, postmortem report, stitched dead body of deceased, sealed jars i.e. stomach, large and small intestine, liver, spleen, kidney, hyoid bone, complete heart, brain and lungs with 10% formalin; samples of saturated saline i.e. blood samples; two internal and two external vaginal swabs for semen detection and DNA typing; container containing fetal tissues for DNA typing and gestational age---Similarly, a Constable/witness endorsed the said statement of Woman Medical Officer---Said Constable further stated that he handed over said articles to the Investigating Officer, who took into possession said documents vide recovery memo attested by witnesses---Surprisingly, Investigating Officer, while appearing in the Court did not utter even a single word regarding handing over to him sealed jar containing fetal as well as other articles and documents by Constable/witness in his evidence---Head Constable had deposed in his evidence that on 01-07-2019, Investigating Officer handed over to him sealed parcels for onward transmission to the office of the Forensic Science Agency for toxicology analysis---Head Constable handed over said sealed parcel to Investigating Officer on 14-07-2019---When evidence of Investigating Officer was completely silent with regard to handing over the sealed jar said to contain fetal tissue to Head Constable then all the afterward proceedings were nullity in the eye of law---In this way, the prosecution had failed to prove the factum of safe transmission of sealed jar of fetal tissue to the office of the Forensic Science Agency---When the safe transmission of sample parcels to the office of the Forensic Science Agency was not proved then the positive report of DNA could not be relied upon---Appeal against conviction was allowed, in circumstances.

Muhammad Arif vs State Ss — 2026 PCrLJ 875 LAHORE-HIGH-COURT-LAHORE

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