n the prosecution of heinous crimes, particularly in cases of rape, weak investigation and poor forensics often result in low conviction rates. Beside, lengthy proceedings and delays result in a lack of trust in the system encouraging many to seek justice by alternative means.

Overall, the criminal justice system, particularly the subordinate courts, are seen failing to meet their responsibility. The conviction rates in cases of heinous crimes are low across the board. One of the reasons for this is the reliance on traditional evidence instead of modern forensic tools. This is largely due to a lack of capacity among investigation officers and forensic laboratories. In Sindh, in particular, the population far exceeds the capacity of forensic resources.

Several issues in the collection, preservation, transportation, analysis and interpretation of forensic evidence further compound the problem. Unavailability of reliable forensic evidence is ultimately to blame for low conviction rates.

The available prosecution data indicates the need to improve the capacity, including training, of law enforcement agencies in the use of forensic evidence, and to establish more forensic laboratories.

Putting modern scientific methods to work can lead to an overall strengthening of the criminal justice system. There are some ethical and legal considerations in maintaining a DNA database. However, the public interest argument seems to be gaining acceptance. In cases of rape, timely medical examination and proper collection of body fluids followed by high-quality forensic analysis can provide evidence leading to conviction. It is hoped that this will lead to more convictions and be an effective deterrent.

The criminal justice system is focused on discovering and establishing the truth. Advances in forensic science technology can support this goal by aiding the police and prosecutors in the investigation of violent crimes. Effective use of forensic evidence can help prosecutors establish the guilt of the accused. Conversely, the same tools can exonerate the innocent.

The Supreme Court of Pakistan (in its 2021 PLD 362 SC) has ruled in favour of the admissibility of forensic evidence. Like other expert opinion, it is relevant and admissible under Article 59 of the Qanoon-i-Shahadat Order. Article 164 of the QSO underscores the admissibility, reliability and weight of modern scientific forensic evidence, including DNA tests. Convictions may now be based on proper use of such techniques and devices.

Prosecutors should take advantage of the latest technology to identify and locate the actual perpetrators of crime. Under Article 164 of the QSO, a court may admit any evidence obtained through modern devices or techniques. In matters related to the Offence of Zina (Enforcement of Hudood) Ordinance 1979, the courts have the power to admit forensic evidence if requested. The courts have a duty to arrive at the truth while ensuring that both parties are able to present their evidence.

Data gathered from four districts of Karachi - South, East, West and Central – shows that rape conviction rates are extremely low.

Use of forensic evidence in other offences is minimal. This is due in part to the current legal framework and in part to the lack of technical expertise and capacity in crime scene analysis. Proper examination of crime scenes could lead to the collection of valuable evidence. However, a shortage of personnel and scientific infrastructure means that in many cases such evidence not gathered.

Data from four districts of Karachi - South, East, West and Central – show that rape conviction rates are extremely low.

Following the introduction of the Anti-Rape Act 2021, special gender-based violence courts have been established. It is expected that the conviction rate will increase. The inability of investigation officers to collect, preserve, transport, analyse and interpret evidence in rape cases has resulted in countless failed prosecutions and acquittals due to insufficient evidence.

Looking at the data:

Data from four main districts of Karachi is shown, dating from 01 July 2021 to 30 June 2022. It shows how in rape cases acquittal rates of offenders are much more as compared to convictions, breaking down the statistics district wise:

District Central

20 cases of rape were instituted, 5 (25 percent) of the cases were disposed of and 15 (75 percent) are pending. The conviction rate in the disposed of cases is 20 percent; 40 percent of the accused were acquitted due to lack of evidence. 40 percent of the cases became abeyant or dormant due to reasons like the accused absconding or a party becoming ill.

District East

A total of 70 cases of rape were instituted, 31 cases (44.3 percent) were disposed of and 39 (55.7 percent) are pending. There were no convictions among the disposed cases; in 20 cases (64.5 percent) the accused were acquitted due to a lack of evidence. 11 cases (35.5 percent) became abeyant or dormant.

District South

A total of 89 cases of rape were instituted, 49 cases (55.1 percent) were disposed of and 40 (44.9 percent) are pending. The conviction rate of the disposed cases was 20.4 percent. 32.7 percent of the accused were acquitted due to lack of evidence. 46.9 percent cases became dormant.

District West

38 cases of rape were instituted, and till the end of the sampling period 15 (39.5 percent) had been disposed of and 23 (60.5 percent) were pending. Only two cases (13.3 percent) resulted in convictions. In eight (53.3 percent) of the concluded cases, the accused was acquitted due to lack of evidence. Four cases (26.7 percent) have become dormant.

The writer is an advocate of the High Court and a PhD scholar