LAHORE: The Lahore High Court (LHC) has declared poor investigation, weak prosecution and mishandling of forensic evidence as major reasons behind the low conviction rate in Punjab.

A detailed judgment, authored by Justice Tariq Saleem Sheikh, set aside the conviction of a man in a rape case due to serious flaws in the prosecution’s case. Justice Muhammad Amjad Rafiq was the other member of a two-judge bench.

The bench observed that the case had been mishandled both during investigation and trial. It noted that the investigating officer failed to collect evidence of the birth of the child allegedly conceived as a result of the offence, including hospital or midwife records, birth certificate and identification details of the child.

The judgment further stated that the investigating officer did not properly document the handling and custody of DNA samples, failed to verify the identities of individuals presented for DNA testing and did not maintain the chain of custody, compromising the reliability of forensic evidence.

Bench declares poor investigation, weak prosecution, mishandling of evidence as main causes; sets aside conviction of man in rape case

The bench also criticised the prosecution, observing that prosecutors failed to perform their statutory “gate-keeping function” before trial by not returning the police file for removal of clear evidential defects. It referred to Section 9 of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, which requires prosecutors to scrutinise police reports and ensure deficiencies are rectified before trial. It observed that the prosecutor failed to meaningfully coordinate with police investigators despite duties laid down in the official code of conduct.

The judgment stated that the lapses reflected either lack of coordination, professional incompetence, or both.

During trial proceedings, the bench said, the prosecutor also failed to produce the child in court or establish the child’s identity despite the prosecution case hinging on paternity.

The bench held that no witness was produced to establish foundational facts necessary for admissibility and reliability of DNA evidence.

Justice Sheikh, the author judge, remarked that Punjab’s conviction rate remained abysmally low, largely due to failures in investigation, prosecution and evidence handling. He noted that compliance with procedural requirements is not merely technical but an essential safeguard for due process and fair trial.

In an application filed with the police on April 21, 2022, the complainant-woman had alleged that she was unmarried and the accused had subjected her to sexual assault some seven months earlier.

The woman stated that she and her family did not take any legal action at the time due to shame. However, when a medical examination revealed that she was six-month and 20 days pregnant, she decided to break her silence and registered the case.

The LHC bench rejected an argument of the defence about the delayed registration of the FIR, saying delays in reporting such offences could not be equated with delays in other crimes.

The bench said several factors might contribute to late reporting, including trauma, fear, shame, the prospect of an invasive medical examination, threat, or a lack of awareness.

The bench, however, found the complainant’s testimony riddled with contradictions, omissions and internal inconsistencies.

The bench allowed the appeal of the convict, Shafiq Ahmad, and set aside his sentence of 10-year imprisonment awarded by the trial court under Section 376 of PPC.

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

Published in Dawn, May 10th, 2026