Supreme Court weighs DNA-only conviction in rape case
Bench headed by Justice Shahzad Ahmed Malik asks why no expert was called at trial to understand a mute and deaf woman's statement.
The Supreme Court has asked lawyers to assist it on whether a rape conviction can rest on a DNA match alone, hearing the case of a 25-year-old woman who is mute and deaf and adjourning without setting a date for the next hearing.
A bench headed by Justice Shahzad Ahmed Malik took up the case, Express News reported. The court was told that the high court had sentenced the accused to life imprisonment in reliance on a DNA report, and that the high court's judgment also described the woman as mentally disabled.
Counsel for the accused argued that the woman never gave a statement herself in court and that the trial court had relied on her mother's statement. He cited a previous Supreme Court ruling that a conviction cannot be handed down on the strength of a DNA match alone.
Justice Shakeel Ahmed responded that the facts of the judgment being cited were different. In this case, he said, there was a history of similar allegations having been made against the woman in the past, and the woman here was deprived of both hearing and speech.
The accused's lawyer said the woman complained of abdominal pain to her mother in the fifth month; a medical examination established that she was pregnant, and the child's DNA matched the accused.
Justice Shakeel Ahmed said Supreme Court rulings require an expert to be called to understand the statement of a deaf and mute person. Justice Shahzad Ahmed Malik said the woman's mother had given a statement on her behalf at the trial, and that only an expert can follow the language of such a child. Justice Shakeel Ahmed said the woman is disabled and does not know what was done to her.
Counsel for the woman said the accused is her neighbour. Justice Shakeel Ahmed remarked that fear of God had disappeared among people.
Justice Shahzad Ahmed Malik said that, according to the mother, the woman identified the accused in the presence of two witnesses, and that if she is able to identify him then, prima facie, she is not mentally disabled. Justice Shakeel Ahmed said the law of evidence makes the victim's statement important in such cases.
The bench asked counsel to assist further on three questions: whether a sentence can be passed on a DNA report alone; whether the woman is only mute and deaf or also mentally disabled; and why no expert was called during the trial to understand what she was saying.
The hearing was then adjourned. Express News did not report a date for the next hearing.
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