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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