Monday, 24 March 2014

Accomplice | Law

                            Accomplice

An accomplice is a person who takes part in commission of an offence. Accomplice is always unreliable for his betraying his associates.Reason for admissibility of an accomplice is the principle that the greatest offender goes unpunished. An accomplice is a person who is guilty associated in criminal.
Accomplice is a competent witness against of accused but in cases of hadood and Qisas, he is not competent. 

Presumption of accomplice

Though an accomplice is a competent witness, the court may presume that he is not a trust worthy unless he is corroborated.
There are two rules applicable for accomplice
i- Rule of law
ii- Rule of prudence

Accomplice

Combine effect of art 16 and 129(b)

Combine effect of both articles is that these are explainatory to the each other. It is not illegal to act on uncorroborative testimony of an accomplice. Zulfiqar Ali Bhutto was convicted an accomplice’s evidence without corroboration. The evidence of an accomplice without corroboration is held unworthy.
Following are the reasons of that why an accomplice is an unworthy without corroboration.

An accomplice is likely to swear falsely in order to shift guilt from himself.An accomplice is an immoral person because he does not know the ethics of criminals. An accomplice is under greed and hope for his guilt.The corroboration evidence must be more probably that the story of accomplice is true and it is reasonable sage to act upon it.

Enviornment of  accomplice


Corroboration of an accomplice must be at least on one material effect pointing the truth of an accomplice.Effect of corroboration is that an accomplice becomes a trustworthy and given pardon.Where an accomplice is not willing to participate or acting under pressure, the evidientially value of accomplice is firmed.  The court decides the latest case laws. The supreme court decision is binding on the lower courts. 

An accomplice has to satisfy the court under the doctrine of the double text.
i- An accomplice must show that he is reliable person.
ii- An accomplice must prove corroboration or his un willingness.
Nawaz shareef was convicted on accomplice’s evidence without corroboration as rule of law.



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