Evidentiary Value of an Accomplice Witness in Pakistan's Legal System

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Introduction Accomplice Witness:

The term 'accomplice' originates from the Latin word “complicāre”, indicating the intricate involvement of an individual in a crime. In Pakistan's legal landscape, an accomplice witness is one who has engaged in a crime and testifies against their fellow conspirators.

Qanun-e-Shahadat Order, Article 16 :-

An accomplice shall be a competent witness against an accused person, except in the case of an offence punishable with hadd? and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice

Critical Analysis:

Article 16 acknowledges the competency of an accomplice as a witness. However, due to the risk of self-serving testimony, corroborative evidence is often sought to enhance the credibility of their account.

Key Points of Article 16:

Competency: An accomplice is legally recognized as a competent witness in criminal proceedings.

Corroboration: While not mandatory, corroboration is advisable to mitigate the risks associated with the potential bias of an accomplice witness.

Judicial Discretion: Judges retain the discretion to evaluate/assess the weight of an accomplice's testimony on a case-by-case basis.

General Rule:

An accomplice is deemed a competent witness, which means their testimony is legally admissible in court.

Exception for Hadd Offences: The exception to this rule is in the case of offences punishable with hadd, as prescribed by Islamic law, where the testimony of an accomplice alone may not suffice for conviction.

Corroboration and Conviction:

Corroboration Not a Prerequisite: While the testimony of an accomplice is admissible, the law explicitly states that a conviction is not illegal if it is based solely on the uncorroborated testimony of an accomplice.

Judicial Caution: Despite this, courts exercise caution and often look for corroboration to support the accomplice's testimony, especially in serious crimes, to prevent miscarriage of justice.

Implications for Legal Practice:

Article 16 mirrors the legal system's balance between valuing firsthand information and acknowledging the potential unreliability of an accomplice's testimony. It highlights the significance of judicial discretion and corroborative evidence in affirming the credibility of an accomplice witness.

Conclusion:

The testimony of an accomplice witness is admissible but approached with judicial prudence. It represents the complex interplay between law and ethics, with the quest for truth at its core.

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I hope you find this article helpful. If you have any questions or feedback, please let me know. Please feel free to contact Advocate Abdul Hanan at 03452890471 or visit his website www.HosLawAssociate.com Thanks

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