Form No.

HCJD/C-121

ORDER SHEET
IN THE LAHORE HIGH COURT
LAHORE
JUDICIAL DEPARTMENT
Crl.Misc.No.13294-B/2014
NORANG
VS
THE STATE, ETC.
Sr. No. of Date of Order with Signature of Judge, and that of
order/ order/ parties of counsel, where necessary.
proceedings proceedings

25.11.2014. Mr. Zahid Salim, Advocate for the petitioner.

Mr. Muhammad Akhlaq, Deputy Prosecutor
General with Dr. Zawar Hussain, Technical
Manager FPSA, Rashid Rasool Legal Advisor
FPSA and Muhammad Boota, ASI.
Mian Shehzad Siraj, Advocate for the
complainant.

Petitioner (Norang) seeks post arrest bail in

case FIR No.119 dated 13.04.2014 for an offence
under section 365-B PPC registered at police station
Sadar, District Toba Tek Singh.

2. I have heard the arguments of learned couns el

for the parties at considerable length and after
perusing the available record, it has been observed
that petitioner along with co -accused Hidayat is
nominated in the FIR and specific allegation has been
levelled that they both abducted Mst. Nasrin married
daughter of the complainant, but it has been noticed
that this is a case of divergent versions put by the
alleged victim/prosecutrix. Earlier, in total denial to
the occurrence as mentioned in the FIR, Mst. Nasrin
herself filed an application before th e leaned Special
Judicial Magistrate for sending her to darul -aman on
the pretext that her husband Sabir was an edict
person having illicit relations with other women and
he had expelled her from the house. Thereafter, Mst.
Nasrin filed application for her release from Darul -
aman and alleged that she had filed a suit for
dissolution of marriage against Sabir and that she had
no threat to her life from anyone, consequently she
was released from darul -aman. Afterwards, Mst.
Nasrin filed another application be fore the learned
Special Judicial Magistrate for sending her to darul -
aman and the ground taken in this application was
that she as she had filed a suit for dissolution of
marriage against Muhammad Sabir, therefore, he was
out to murder her. She was then a gain sent to darul -
aman on 15.04.2014. Then just after about thirteen
days she filed application to seek her release from
darul-aman and alleged that now she had no threat to
her life. The alleged victim was therefore, released.
The record shows that Sabir Iqbal (husband of the
victim) had filed an application before learned Ex -
officio Justice of Peace to seek registration of case
against Norang (petitioner), etc, and in the said
application altogether a different story had been
mentioned. Furthermore, co-accused of the petitioner
with similar attribution has already been enlarged on
bail. Except statement of the alleged victim under
section 161 and under section 164 Cr.P.C, recorded
after her joining with family, prima facie no other
incriminating material is available on the file to
connect the petitioner of the crime. Further, it has
been observed that while submitting written
statement to the suit for dissolution of marriage on
01.04.2014, Safdar (husband of the alleged victim) in
clear terms stated that her wife had left the house
herself on the instigation of her relatives and
opponents, thus, there is no indication about
commission of the alleged occurrence of abduction.
All the above narration of facts clearly indicates that
so many versions have been put forth by the
prosecutrix herself. Therefore, the involvement of the
petitioner in this case would certainly require further
inquiry, Consequently, this bail application is
allowed and petitioner is admitted to bail subject
to his furnishing bail bond in the sum of
Rs.100,000/- with one surety in the like amount to
the satisfaction of learned trial court .

3. Before parting with this order, it is to be

mentioned here that while examining the police file
this Court had a look at case diary No.25 dated
11.09.2014, which refers to letter by Forensic
Science Agency to the following effect: -

“CASE CLOSURE COMMUNICAOTN OF

CASE FIR NO.119/2014 DATED 13.04.20154
POLICE STATION SADDAR TOBA TEK SINGH
DISTRICT TOBA TEK SINGH .
Kindly refer to the subject captioned
above:
2. It is stated that above mentioned case was
received at PFSA vide PFSA Diary
No.2014.27686 for conducting forensic
analysis. The incharge of DNA & “Serology
(DNA) department of PFSA reported that
during review of this case it was found that the
submitted evidence between the occurrence and
medical examination of the victim is greater
than 72 hours ((lapse cases) therefore, no
forensic analysis could be conducted on this
case and it has been closed as per policy of
PFSA.
3. It is requested that submit ted evidence/
samples of instant case may be received from
the office of PFSA within 15 days of receiving
of this letter, otherwise, submitted
evidence/samples will be disposed of and the
PFSA will not be responsible for any claim.”

After going through the above reproduced report of

the Forensic Science , it becomes quite obvious that
opinion/forensic analysis was declined by the
Forensic Science just on the ground that swabs were
taken from the victim after seventy two hours of the
occurrence. This Court had summoned the Technical
Manager, Department of DNA & Serology, Punjab
Forensic Science Agency, Lahore, and with reference
to relevant policy regarding evidence submission/
collection, he submitted before the Court that in
cases of rape, DNA analysis is ca rried out only when
medical examination of the victim is conducted
within seventy two hours (three days) of the assault.
4. This court is well aware that medico legal
system in Pakistan is not so developed, efficient and
responsive as compared to other c ountries in the
world and in our society passage of seventy two
hours in medical examination of the victim is quite
normal phenomena, for the reason that whenever such
an incident takes place, the victim or her other family
members may not happily expose s uch incident for
certain obvious reasons. Even in number of cases,
when the matter is reported, sometimes the police
shows reluctance in registration of FIR and the
victim has to approach the court of law to get
directions for registration of case or for c onduct of
her medico legal examination. If an appropriate
direction for conduct of medical examination of the
victim is issued, then non -availability of female
doctor in the nearby hospital may result in delay. In
this respect after research particularly w ith reference
to Lahore, Hasan et al., 2007 reported that most of
the rape victims were medically examined after 72
hours of sexual assault and a table was drawn, as
under:-
T i me d u r a t i o n N u mb e r o f c a s e s Percentage
Less than 24 hours 6 4.9%
24-48 hours 9 7.3%
48-72 hours 15 12.2
More than 72 hours 93 75.6
TOTAL 123 100
After perusal of above drawn table, the pathetic
factual position in our country becomes clear.
Furthermore, while browsing on the issue of rape
cases and medico legal aspects, this Court has been
able to note big difference about the
standards/policy set by Department of DNA &
Serology, Punjab Forensic Science Agency, Lahore
and the other developed word, e.g. a ccording to the
guideline issued by National Institute of Justice, U S,
the sperm cells may be found in female reproductive
tract for seven days after ejaculation . There is no
second opinion that this fact has been realized by
different jurisdictions, crime laboratories and law
enforcing agencies that 3 days rule (72 Hour R ule) is
not a universal truth, therefore, these agencies are
not stuck with it and relaxed their policies regarding
such cases. Some of the examples are: -
Jurisdiction/Agency T i me l i mi t f o r
e x a mi n a t i o n s i n c e a s s a u l t
National Protocol of sexual Assault 96-hours (Four days)
Forensic Medical Examination
(Adults/Adolescent) b y US Department
of Justice, US.
Ohio Protocol of sexual Assault 96-hours (Four days)
Forensic Medical Exami nation issued
by Ohio Attorney general office o f
cri minal identification and
investigation (2011), US
North Dakota Model Law Enforcement 9 6 h o u r s ( F o u r d a ys )
Sexual Assault Policy (2011)
P ima Count y P rotocol for the violence Five days
against Wo man Act (2009) US
Sexual Assault Examination Policy by Five days
Russian Federation
Washington Country Sheriff, Oregon, No limit
USA
Oregon State of Police, USA No cut off limit for
receiving sexual assault
samples. Best sampl es are
those taken up to 84-hours
after assault
Texas Evidence Collection Protocol, No time li mit
Office of the Attorney General,
SAP CSD, Texas, US A

Furthermore, the medical experts on this issue, after

thorough research have formed a view that sperm
cells (male reproductive cells) stay in the female
reproductive system for many days and these can be
detected after many days of sexual assault. In this
context, some references are quoted hereunder: -
Sr. Presence of sperm cells in vagina References
No. a f t e r t i me s i n c e s e x u a l a s s a u l t

1 More than 6 days Nicolson, 1965

2 U p t o n i n e d a ys Morrison, 1972

3 7 - 1 0 d a ys Silverman and
Silverman, 1978
4 More than 5 days Allard, 1997

5 U p t o 7 d a ys Jones 2005

After comparative study, as above, this court is of

the considered view that the policy being followed
by Department of DNA & Serology, Punjab Forensic
Science Agency, Lahore, needs to be updated to
meet with challenges of time and to bring it in
consonance with the scheme of other developed
countries. The Punjab Forensic Science Agency
Lahore shall accordingly revisit and upgrade their
analysis system so that an imp ortant piece of
evidence must not be wasted just for technical
reasons, especially when those reasons have no
strong basis. In this respect it may also be observed
that Punjab Forensic Science Agency may also opt
for cervix analysis of the victim, as accor ding to
research cervix is the part of female reproductive
system, next to vagina and the sperm cells swim in
vagina and get enter into cervix. These cells can be
detected in cervix for many weeks. In this respect
the Forensic Science Agency shall issue i nstructions
to all the Women Medical Officers throughout the
Province of Punjab, for doing the needful after
getting consent from the victim. Office is directed
to send a copy of this order to the concerned
quarters for reevaluation of policy of Department
of DNA & Serology, Punjab Forensic Science
Agency, Lahore.
 5. While closing this order, I would like to pay
gratitude for the commendable research work by the
learned Deputy Prosecutor General (Mr. Muhammad
Akhlaq) in assisting this Court on the above
important aspect.

(MUHAMMAD QASIM KHAN)

JUDGE.
APPROVED FOR REPORTING.
Javed*