Supreme Court rules DNA acceptable as evidence to prove extramarital sex

The court issued the ruling in response to a case involving a woman who confessed to bearing a child out of wedlock, and named the man who fathered the child. The State charged the man in question with engaging in extramarital sex, following a DNADNA, or Deoxyribonucleic Acid, is the genetic material found in cells, composed of a double helix structure. It serves as the genetic blueprint for all living organisms. Read Full Definition match between the man and the child. The State based the charge on testimony from the woman and the DNA analysis report. However, the man denied the charge, and the magistrate court which heard the case acquitted him. The State appealed the decision with the High Court, citing violation of judicial and legal standards. However, the court ruled in favor of the original verdict, and the State filed a subsequent appeal with the Supreme Court. The Supreme Court bench which heard the case was composed of Justice Husnu Al Suood, Justice Dr. Azmiralda Zahir, and Justice Aisha Shujoon Mohamed. The court issued its decision in the case on Sunday, 24 Octorber, 2021. Suood – who led the bench – referred to Article 411 (c) of the Penal Code, which declares the four-witness rule. Article 411 (c) of the Penal Code: If the offense in Subsection (a) (unlawful intercourse) is proven with comparably persuasive evidenceEvidence is any form of proof, such as objects, materials, or scientific findings, presented to establish or disprove a fact in a legal proceeding. It is used to reconstruct events and link or exclude individuals Read Full Definition other than the testimony of four witnesses or self-confession, such as DNA evidence or evidence of pregnancy, the offense is one grade lower than it would otherwise be. Suood said the provision establishes that evidence such as DNA can be used in Maldives to prove hududHudud is the word often used in Islamic literature for the bounds of acceptable behaviour and the punishments for serious crimes. In Islamic law or Sharia, hudud usually refers to the class of punishments that Read Full Definition crimes.  The court therefore found the man guilty of engaging in extramarital sex.

“Where offenders who engage in hudud crimes and qisasIt is a category of criminal justice in Islamic jurisprudence, where Sharia allows equal retaliation as the punishment Read Full Definition crimes cannot be meted out the punishments set under Islamic Sharia due to reasonable doubt for various procedural reasons, Islamic Sharia permits for them to be meted out a tazirIn Islamic Law, tazir (ta'zeer or ta'zir, Arabic: تعزير‎) refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state. Read Full Definition punishment,” said Suood.

Suood’s opinion was backed by Azmiralda and Shujoon. The Supreme Court has instructed the High Court to reopen the case based on the points highlighted by the court. Source: Sun.mv