Focusing on forensic evidences may improve conviction rate

The additional inspector-general of the Sindh police has spoken of an 86.5 per cent acquittal rate. There are many reasons behind this poor performance, yet he has accepted the weak prosecution and investigation system in the Sindh police.

Pakistan's judicial system is based on three pillars: prosecution, defense, and the judge. The prosecution is responsible mainly for gathering evidence that ought to lay out a case that is beyond doubt. Prosecution begins with the First Information Report (FIR) and the collection of all possible evidence, shreds though they may be.

There are several types of evidence, including direct, indirect or circumstantial. The evidence provided by an eyewitness or the confession made by an accused person is direct and positive evidence.

However, it is difficult to get eyewitnesses in all cases, so the police depend on confessions obtained as a result of torture, after which the authorities submit a challan in court. Resultantly, while recording a statement before the court, the accused person withdraws his previous statement as having been made under duress.

Indirect or circumstantial (scientific/forensic/trace) evidence requires the court to draw a logical or conclusive inference based on scientifically established facts.

Forensic evidence is multidisciplinary work that can involve handwriting and ballistic experts, the forensic laboratory, or a forensic pathologist. For this, however, the investigation officer needs to have the training to collect and preserve trace evidence. Unfortunately, due to the lack of knowledge, the police fail to collect and preserve vital evidence.

I suggest addressing the situation through the appointment of qualified forensic pathologists and toxicologists. The minimum qualification for an investigation officer should be a Bachelor's degree in Forensic Science. As a short-term measure, a crash-course needs to be initiated: how the police should collect and preserve science evidence.

The writer is the practicing forensic expert Prof Dr. Shafi Muhammad Nizamani. He worked as Additional Police Surgeon in different government hospitals in Karachi. Presently he is associated with a Malaysian facility as Forensic Pathologist. He can be reached at shafinizamani@hotmail.com