Landmark Ruling | CII accepts DNA as supplementary evidence for rape cases.

[Kompromat]

The CII recommendations drew flak from civil society and legal circles who termed the recommendations against the law. In an apparent damage control exercise, the CII convened again on Wednesday to deliberate on the issue. “CII aims to provide the maximum facilitation to avail this opportunity of using DNA testing as primary evidence in rape cases.

But the only hurdle in the way of giving justice to people is lack of speedy trials and absence of strict implementation of laws,” said CII senior member and head of the Pakistan Ulema Council Allama Tahir Ashrafi. His statement was supported by Allama Amin Shaheedi who said DNA is a vital tool to identify rapists.

The Human Rights Commission of Pakistan (HRCP) had earlier blasted the Council for undermining the DNA evidence. In its latest statement, the HRCP stated that rape is on a sharp rise in the country and only in Lahore 113 cases of rape including 32 gang rape cases have been reported so far this year.

See more at: Ruling today on DNA admissibility in rape cases | Pakistan Today | Latest news | Breaking news | Pakistan News | World news | Business | Sport and Multimedia


* So DNA evidence now can be used as a supplement for proving rape cases.
* We need to keep the heat up on CII to accept it as a primary evidence.

Followed by death penalty.

 

[Kompromat]

The CII recommendations drew flak from civil society and legal circles who termed the recommendations against the law. In an apparent damage control exercise, the CII convened again on Wednesday to deliberate on the issue. “CII aims to provide the maximum facilitation to avail this opportunity of using DNA testing as primary evidence in rape cases.

But the only hurdle in the way of giving justice to people is lack of speedy trials and absence of strict implementation of laws,” said CII senior member and head of the Pakistan Ulema Council Allama Tahir Ashrafi. His statement was supported by Allama Amin Shaheedi who said DNA is a vital tool to identify rapists.

The Human Rights Commission of Pakistan (HRCP) had earlier blasted the Council for undermining the DNA evidence. In its latest statement, the HRCP stated that rape is on a sharp rise in the country and only in Lahore 113 cases of rape including 32 gang rape cases have been reported so far this year.

See more at: Ruling today on DNA admissibility in rape cases | Pakistan Today | Latest news | Breaking news | Pakistan News | World news | Business | Sport and Multimedia


* So DNA evidence now can be used as a supplement for proving rape cases.
* We need to keep the heat up on CII mullahs to accept it as a primary evidence.
* Followed by mandatory death penalty.

 

[Zarvan]

The CII recommendations drew flak from civil society and legal circles who termed the recommendations against the law. In an apparent damage control exercise, the CII convened again on Wednesday to deliberate on the issue. “CII aims to provide the maximum facilitation to avail this opportunity of using DNA testing as primary evidence in rape cases.

But the only hurdle in the way of giving justice to people is lack of speedy trials and absence of strict implementation of laws,” said CII senior member and head of the Pakistan Ulema Council Allama Tahir Ashrafi. His statement was supported by Allama Amin Shaheedi who said DNA is a vital tool to identify rapists.

The Human Rights Commission of Pakistan (HRCP) had earlier blasted the Council for undermining the DNA evidence. In its latest statement, the HRCP stated that rape is on a sharp rise in the country and only in Lahore 113 cases of rape including 32 gang rape cases have been reported so far this year.

See more at: Ruling today on DNA admissibility in rape cases | Pakistan Today | Latest news | Breaking news | Pakistan News | World news | Business | Sport and Multimedia


* So DNA evidence now can be used as a supplement for proving rape cases.
* We need to keep the heat up on CII to accept it as a primary evidence.

Followed by death penalty.

If you read Quran its common sense that Allah is not talking about rape when they ask for 4 witness its consensual sex not rape sir for rape no witness is required we need to do only one thing make committee off biggest ulemas and make them visit Saudi Arabia and Iran and other Muslim countries which have never asked for witness in rape cases so they can have some sense

 

[Sugarcane]

If you read Quran its common sense that Allah is not talking about rape when they ask for 4 witness its consensual sex not rape sir for rape no witness is required we need to do only one thing make committee off biggest ulemas and make them visit Saudi Arabia and Iran and other Muslim countries which have never asked for witness in rape cases so they can have some sense

Agree with highlighted part, that case is only if someone level allegations of adultery than he has to prove that with 4 witnesses, But why the hell we have form committee off biggest ulemas and visit KSA or Iran when it's common sense.

 

[Zarvan]

Agree with highlighted part, that case is only if someone level allegations of adultery than he has to prove that with 4 witnesses, But why the hell we have form committee off biggest ulemas and visit KSA or Iran when it's common sense.

Because Saudi Arabia is base off Islam sir and their courts have basically ulema as their heads and Iran is the main force off shiaism man and by the rape comes under based film araz @Aeronaut

 

[Armstrong]

Send the CII home - This reeks of a quasi-theocracy !

 

[Anotherangle]

Usually such topics need some understanding of how law works and are not good for public debate. Here I want to share my understanding of the matter and certainly do not want to enter into any debate.
When we demand that a certain thing (say A) should be a primary evidence for something (say B), we assume that A is sufficient in the system B to get results. However, things do not work in law according to our wishes. I first make a general case which is true, I hope, for most of the legal systems around the world before coming to Islamic perspective.

There are a few issues to be considered for deciding any rape case and coming to the conclusion on the Value of DNA test in a rape case.
First, we need to recall, how a rape is prosecuted.
For most of the world, the charge sheet must include two points:
1. A crime of rape against victim x has taken place
2. The Y is the assailant
Only after deciding that the two steps are proven sufficiently, the court can give its verdict that Y is guilty and will be punished.
If a court/ jury cannot be convinced that the rape crime against X has taken place, there cannot be any verdict against Y, nominated as an assailant. Therefore, first a rape must be proven to have happened, and it can be done by
• Witness: they give evidence that proves that there was some sexual violence; it might be only hearing a woman shouting like a rape victim etc (I am not discussing number of witnesses at the moment).
• Circumstances: any violence (sexual or non-sexual) leaves its mark- there must be some circumstantial evidence.
• Immediate Report: a rape is such a horrifying crime that it will be extremely unusual not to report it to at least some people (friends/family etc), if not to the law. If the victim failed to report immediately, there must be exceptional circumstance under which she failed to report.
• DNA Test: it is used to identify who is the person/criminal, in our case the rapist and that is person Y; so it relates to the step 2 of the charge sheet, the first thing is that a rape should be proven to have taken place.
Finding somebody’s DNA on/ in somebody may mean any of the following:
a) consensual sex took place
b) a rape took place
c) A plot against Y after acquiring his DNA in some way and creating circumstances to accuse him of a rape.
Unless the prosecution proves that DNA is the result of b) and not of a) or c,) the DNA test is of no use for proving any Y guilty. As far as I know this is the position of almost all the courts of law around the world Islamic and non-Islamic equally. It cannot be otherwise. It would be very naive to give verdict based on a DNA test without proving a rape really occurred.
Islamic Perspective
The rapist punishment is not a new issue in Islamic Jurisprudence.’ In Hazrat Omar (razi Allah ho an ho) time, a woman riding a donkey was pushed off the animal and was raped; despite resistance from her family, the victim woman formally gave her version of the story at Hazrat Omar’s request and the assailant was beheaded.’
Now this Asar bring out a few points:
1. The government knew about the incident as it happened outside and somebody saw it;(probably they identified the assailant; caught him red handed; how many people saw that incident, these details are not mentioned (at least in the Asar (a type of hadith) I read).
2. The government asked the victim to launch a formal complaint and give evidence as a victim despite external evidence was available.
3. The maximum punishment in such cases can be death penalty (not SANGSAR),

DNA Test: A modern development, it is very good for confirming the identity of the assailant, but it is not available universally; no global and historical legal framework can be dependent on a recent phenomena; if it is available, it is excellent to know the real criminal (Y )after it has been proven that the Y is really a criminal in the case. If it is not available, still law can work with other available resources namely a) witness b) circumstances etc. DNA test cannot be considered more than that.

 

[MastanKhan]

If you read Quran its common sense that Allah is not talking about rape when they ask for 4 witness its consensual sex not rape sir for rape no witness is required we need to do only one thing make committee off biggest ulemas and make them visit Saudi Arabia and Iran and other Muslim countries which have never asked for witness in rape cases so they can have some sense

Hi,

And why do you think that 4 witnesses are required to prosecute consensual sex?

 

[MastanKhan]

Agree with highlighted part, that case is only if someone level allegations of adultery than he has to prove that with 4 witnesses, But why the hell we have form committee off biggest ulemas and visit KSA or Iran when it's common sense.

Hi,

You ask WHY----because pakistanis don't have any identity and character of their own---. They want to look at every nook cranny and hole to find the answer rather than use their own abilities.

 

[Shabaz Sharif]

DNA evidence is the future, so many innocents can be saved and real culprits put behind bar.