DNA evidence inadmissible in rape cases, says Pakistan

Alec Hill Contributor
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The Counsel of Islamic Ideology (CII), a judicial body that interprets how Islamic law should be applied in Pakistan, has ruled that human DNA samples cannot be used as primary evidence in rape cases, the Times of India reported Wednesday.

DNA may be used as secondary evidence, but Islamic law requiring four witnesses must be the primary source of evidence, the court ruled.

Before the ruling, presenting DNA samples as primary evidence was standard police practice, the Express Tribune of Pakistan reported.

Any secondary evidence is only considered to be circumstantial by the courts, which somewhat contradicts the scientific, factual nature of DNA samples.

Many members of the council were of the opinion that existing Islamic law already provides more than adequate guidelines on how rape cases should be investigated and prosecuted, according to Pakistan Today.

The counsel met over the course of two days under the leadership of one Maulana Mohammad Khan Sherani, and also delivered rulings on cloning and blasphemy laws.