LHC identifies reasons for poor conviction rates in Punjab

LAHORE: The Lahore High Court (LHC) has identified flawed investigations, weak prosecution and improper handling of forensic material as key factors behind Punjab’s low conviction rate, while overturning the conviction of a man in a rape case because of serious shortcomings in the prosecution’s case.

The detailed judgement was authored by Justice Tariq Saleem Sheikh, while Justice Muhammad Amjad Rafiq was the other member of the two-judge bench. The bench said the matter had been mishandled at both the investigation and trial stages.

According to the judgement, the investigating officer did not gather evidence regarding the birth of the child allegedly conceived as a result of the offence. The court noted the absence of hospital or midwife records, a birth certificate and identification details of the child.

The bench further observed that the investigating officer failed to properly record the handling and custody of DNA samples, did not verify the identities of the persons produced for DNA testing and failed to preserve the chain of custody, thereby undermining the reliability of the forensic evidence.

The court also faulted the prosecution, saying prosecutors did not perform their statutory gate-keeping role before the trial by failing to return the police file for removal of obvious evidentiary defects. Referring to Section 9 of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, the judgement said prosecutors are required to examine police reports and ensure deficiencies are addressed before trial.

The bench said the prosecutor also did not meaningfully coordinate with police investigators despite responsibilities laid down in the official code of conduct. The judgement said these failings showed either lack of coordination, professional incompetence, or both.

During the trial, the bench said, the prosecutor did not produce the child before the court or establish the child’s identity, even though the prosecution’s case depended on paternity. The court held that no witness was presented to establish the foundational facts required for the admissibility and reliability of the DNA evidence.

Observations on conviction rate

Justice Sheikh observed that Punjab’s conviction rate remained abysmally low and said this was largely due to failures in investigation, prosecution and evidence handling. He stressed that compliance with procedural requirements was not a mere technicality but an essential safeguard for due process and a fair trial.

Case background and ruling

In an application submitted to police on April 21, 2022, the complainant said she was unmarried and alleged that the accused had sexually assaulted her around seven months earlier. She stated that she and her family had not initially pursued legal action because of shame. However, after a medical examination showed that she was six months and 20 days pregnant, she decided to report the matter and the case was registered.

The bench rejected the defence argument regarding delayed registration of the FIR, ruling that delay in reporting such offences could not be treated in the same way as delay in other crimes. The court said late reporting in such cases could result from trauma, fear, shame, the prospect of an invasive medical examination, threat, or lack of awareness.

Even so, the bench found the complainant’s testimony to be marked by contradictions, omissions and internal inconsistencies.

The court allowed the appeal of convict Shafiq Ahmad and set aside the 10-year sentence handed down by the trial court under Section 376 of the Pakistan Penal Code.

The bench also directed the prosecutor general Punjab and the inspector general of police Punjab to ensure effective coordination between the police and prosecution departments, secure compliance with the statutory framework and arrange periodic training and capacity building for prosecutors and investigating officers.