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ACCOMPLICE

An accomplice is someone who helps plan, carry out, or support a crime, whether directly or indirectly involved. Article 16 states that an accomplice can be held responsible for a crime even if they were not physically present but participated through advice or encouragement. An accomplice is considered a competent witness against the accused, except in cases involving specific Islamic punishments. However, an accomplice's testimony must be corroborated to be considered reliable due to their involvement in the crime. Pardons can be granted to accomplices in writing if they provide testimony that is materially corroborated.

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18 views

ACCOMPLICE

An accomplice is someone who helps plan, carry out, or support a crime, whether directly or indirectly involved. Article 16 states that an accomplice can be held responsible for a crime even if they were not physically present but participated through advice or encouragement. An accomplice is considered a competent witness against the accused, except in cases involving specific Islamic punishments. However, an accomplice's testimony must be corroborated to be considered reliable due to their involvement in the crime. Pardons can be granted to accomplices in writing if they provide testimony that is materially corroborated.

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rasheeda
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ACCOMPLICE (ARTICLE 16)

INTRODUCTION
An accomplice is someone who is involved in a crime, either directly or indirectly. They may
help plan or carry out the offense or support the person committing it. Another term for an
accomplice is a guilty associate or an approver (sometimes called a "Sultani Gawah"). In most
situations, an accomplice can be a credible witness against the accused person, except in cases
involving specific punishments (known as hadd and qisas) in Islamic law. Article 16, which is a
part of the law, goes against the teachings of Islam. It states that even if the accomplice is not
physically present when the crime is committed, but they participated by giving advice or
encouragement, they can still be held responsible for the crime.
RELEVANT PROVISIONS:
Articles 16, 43 & 129(b) of QSO 1984.
CROSS REFERENCE
Sections 337 to 339-A of Cr.P.C
MEANING OF ACCOMPLICE
A person who helps another person in criminal act.
A person who together participates in the commission of offence.
WHETHER A WITNESS IS ACCOMPLICE OR NOT:
An accomplice is a person who is guilty associate or a partner in crime or who in some way or
the other is connected with the offence in question or some material facts supports that he was
part of crime.
COMPETENCY OF ACCOMPLICE WITNESS
When an accomplice is not co-accused under trial in the same case:
"An accomplice is a competent witness but this competency that has been given to him by the
process of law does not relieve him of the character of the accused no accused should be
forced to be a witness against himself”
WHO IS NOT ACCOMPLICE
In some cases a person is not accomplice. When a person under threat of death or another of
pressure which he is unable to restrict commits a crime alongwith other he is not willing
participant in it but a victim of such circumstances.
PROCEDURE OF TENDERING PARDON
Procedure for tendering pardon to accomplice by the prosecution through Magistrate during
investigation, inquiry or trial stage it implies a condition that in cases of hurt or qatl where an
accused is tendered pardon to be an accomplice he is produced before Magistrate for recording
statement.
WHEN PARDON IS GRANTED
An accused who is in custody he shall remain in custody till finalization of the trial where the
accomplice is on bail he shall continue to be on bail.
PARDON GRANTED IN WRITING
The pardon to an accomplice is always to be granted in writing and reasons shall also be given
for such pardon, the statement of approver or accomplice is recorded just as a witness on Oath
in view of the provision of Article 16 of QSO as he being competent witness.
CORROBORATIVE EVIDENCE
Corroborative evidence is evidence which shows or tends that the party of the accomplice is
that accused committed the crime is true.
NECESSITY OF CORROBORATION
Corroboration is necessary in fact approver evidence has to satisfy that double test
(i) his evidence must be reliable.
(ii) his evidence should be materially corroborated.
EVERY COMPETENT WITNESS IS NOT RELIABLE WITNESS
And an approver has to satisfy the test of reliability before the question of corroboration of his
evidence as considered by criminal court.
IN HUDOOD CASES
Accomplice evidence is not admissible in cases in which Islamic Punishment of Hadd can he
imposed.
OBJECT
Article 16 speaks about competency and Article 129(b) speaks about credibility.
NATURE
Articles 16 & 129(b) both are consecutive rather than contradictory.

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