ACCOMPLICE | ARTICLE 16 | ARTICLE 129(b) | QSO | QANUN E SHAHADAT ORDER 1984 | CORROBORATION | LAW |

Описание: ACCOMPLICE

INTRODUCTION :
The word "accomplice or approver" has not been defined in the Qanun-e-Shahadat Order 1984. An accomplice or approver are legal terms which are commonly known as "Waada Muaf Gawah or Sultani Gawah". An accomplice is a person who commits an offence with the assistance of another. Simply an accomplice is a person who confesses his crime under surety of pardon from the prosecution and becomes a witness against his co-accused in a criminal case is called an accomplice or approver. However an accomplice is a competent witness does not have footings in Islamic law of evidence nevertheless, doctrine of necessity is recognized by Muslim Jurists.

RELEVANT PROVISIONS :
-Article 16 and 129(b) of QSO 1984.
CROSS REFERENCE :
-Section 337 to 339 of Crpc.
-Section 133 of Evidence Act 1872

MEANING OF ACCOMPLICE :
-Literal Meaning :
A person who helps another to commit crime.
-Oxford Dictionary :
Partner in crime.
-Case Law Meaning :
Guilty associate in crime.

DEFINITION OF ACCOMPLICE :
-Oxford Dictionary :
One who is the party to a crime, either as a principal or accessory.
-Shaukat Mehmood :
A person who makes admissions of facts showing that he had a conscious hand in the offence.

COMPETENCY OF ACCOMPLICE AS A WITNESS U/A 16 :
-General Rule :
The accomplice is a valid and competent witness against an accused.

-Exception :
Evidence of accomplice against co accused is inadmissible in the case of an offence punishable with Hadd i.e, Hudood and Qisas cases.

-Conviction is not illegal :
Article 16 further says that a conviction is not illegal merely because it is based on the uncorroborated testimony of the accomplice.

PRESUMPTION U/A 129(b) :

Article 16 must read with article 129(b) which further says that the evidence of accomplice must be corroborated so it becomes quite clear that although an accomplice is a competent witness, nevertheless his statement must be verified by some other material evidence on record.

Illustration Article 129(b):
The court may presume. that an accomplice is unworthy of credit unless he is corroborated in material particulars.


CONFLICT BETWEEN ARTICLE 16 & 129

(I) ARTICLE 16:
Article 16 lays down a rule of admissibility of evidence of accomplice
(Il) ARTICLE 129 ILLUSTRATION (b):
Article 129 illustration (b) provides a guideline for the court that it may require corroboration of the evidence of accomplice.

COMBINED EFFECT OF ARTICLE 16 AND 129(B):
Article 16 declares the testimony of an accomplice to be admissible and a conviction based on the uncorroborated testimony not to be illegal, but in considering whether the testimony of an accomplice should or should not be believed illustration (b) to Article 129, advises the Court to bear in mind the presumption that an accomplice is not worthy of credit unless he is corroborated in material particulars.

Article 16 lays down a rule of law and illustration (b) to Article 129 lays down merely a rule pf prudence.

CORROBORATION :

The court may consider, though it is not bound te consider an accomplice unworthy of credit unless he is corroborated in material particulars.

OBJECT :

Accomplice evidence is admitted as it is generally impossible to get sufficient evidence of many heinous crimes, unless one of the participators discloses the circumstances within his knowledge, due to the tender of pardon.

OFFENCES IN WHICH PARDON CAN BE GRANTED :

Under Section 337, following are the offences in which accomplice can be made :
(i) offences triable before the Court of Sessions and the High Court..
(ii) offences in which punishment of seven years imprisonment is awarded.,
(iii) offences falling under Section 216-A, 369, 435 and other provisions relating to Section 477-A, PPC;
(iv) offences which are punishable by 10 years imprisonment.

WHO CAN PARDON THE ACCOMPLICE:

Following persons can grant pardon
(i) District Magistrate during investigation, inquiry or trial;
(ii) District Magistrate with the consent of the Provincial Government
(iii) Under Section 338. Cr.P.C. the High Court or the Court of Sessions which is conducting the trial.


AT WHAT STATE PARDON CAN BE GRANTED:
During investigation, inquiry or trial an accomplice can be granted pardon. Further High Court and Court of Sessions can make accomplice and grant pardon before judgment or can issue directions to District Magistrate.

PARDON WILL BE EFFECTIVE IF ACCEPTED BY THE ACCUSED:
It is not sufficient to offer pardon to an accused by making him an accomplice. However, it is mandatory to record the statement of person whom the offer has been made.

REJECTION OF STATUS AS ACCOMPLICE:
Accomplice has entitled to denounce and reject his status as accomplice at any stage under Articles 13 and 14 of the Constitution,
Ignorance of this right shall be violation of the Constitution