PLJ 2024 Cr.C 745 - Forensic Evidence Handling
Table of Contents
Background
In criminal investigations, forensic science plays a crucial role in linking evidence to suspects. One common type of forensic evidence is cartridge cases, which can be used to match bullets or spent cartridges to a specific firearm. This process is typically carried out by forensic laboratories such as the Punjab Forensic Science Agency (PFSA) in Lahore, Pakistan.
Key Points of the Case
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Submission of Cartridge Cases to PFSA:
When a crime involving a firearm is investigated, cartridge cases recovered from the crime scene are submitted to the PFSA for forensic analysis. The primary purpose of this submission is to compare the recovered cartridge cases with any weapons that may be found during the investigation to determine if there is a match.
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Absconding Accused:
If an accused person in the case is absconding (i.e., has fled or is otherwise evading arrest), the investigation can proceed with the evidence available. Even if the accused is not present, the cartridge cases are still crucial pieces of evidence that must be preserved and analyzed.
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Exhibition of Cartridge Cases During Trial:
During the trial of any other accused in the criminal case, these cartridge cases are presented as evidence. This step is vital to establish the connection between the crime scene, the weapon used, and the accused on trial. The exhibition of evidence ensures that the forensic findings are transparently shared in court, contributing to the judicial process.
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Re-deposition of Cartridge Cases:
After the cartridge cases have been exhibited during the trial, they are re-deposited in the office of the PFSA. This re-deposition is important for maintaining the integrity and custody of the evidence until it can be compared with a weapon that might be recovered from any absconding accused. This ensures that the forensic evidence remains secure and can be re-analyzed if necessary when the absconding accused is apprehended, and their weapon is recovered.
Legal Context
The case citation "Crl. Appeal 29270/19" references a specific criminal appeal involving individuals named Abid Ali and others versus the State. This appeal would have involved reviewing the decisions made in the lower courts and examining the procedures followed, including the handling of forensic evidence.
Legal Procedures and Forensic Evidence Handling
Chain of Custody
The chain of custody is a critical aspect of forensic evidence handling. It ensures that the evidence has been collected, transferred, and analyzed in a manner that prevents tampering or contamination. In this context, the cartridge cases are collected from the crime scene, submitted to the PFSA for analysis, exhibited in court, and then re-deposited in the PFSA for safekeeping.
Forensic Comparison
Forensic scientists at the PFSA compare the cartridge cases with the suspected weapon to determine if the cartridges were fired from that specific firearm. This comparison involves detailed analysis using techniques like ballistics examination, which includes examining the unique markings left on cartridge cases by the firing pin and the barrel of the gun.
Role of Forensic Evidence in Trials
Forensic evidence, including cartridge case analysis, plays a crucial role in establishing the facts of the case. It provides objective, scientific data that can corroborate or refute the testimonies and claims made by the prosecution and defense.
Handling Evidence for Absconding Accused
When an accused is absconding, the investigation and legal proceedings must still adhere to due process. The re-deposition of cartridge cases ensures that when the absconding accused is eventually apprehended, the evidence can be immediately compared with any weapon they might possess, facilitating a prompt and accurate forensic analysis.
Importance of Forensic Science Agencies
Expert Testimony
Forensic scientists from the PFSA may be called upon to provide expert testimony in court, explaining their findings and the methodologies used. Their testimony helps the court understand the scientific aspects of the evidence and its relevance to the case.
Continuous Development
Forensic science is an ever-evolving field, with continuous advancements in technology and techniques. Agencies like the PFSA must stay updated with the latest developments to ensure the accuracy and reliability of their analyses.
Conclusion
The case "PLJ 2024 Cr.C 745" highlights the procedural intricacies involved in handling forensic evidence, particularly cartridge cases, in criminal investigations. The detailed process ensures the integrity of the evidence, maintains the chain of custody, and facilitates accurate forensic analysis, which is crucial for fair and just legal proceedings. The role of forensic science agencies, like the PFSA, is indispensable in providing objective and scientific evidence that aids in the judicial process, ensuring that justice is served accurately and effectively.