EVIDENTARY VALUE OF

ACCOMPLICE

Project Group Members:

Mahnoor Paracha
Sundar Mahmood
Research Statement
A court of law presiding over a criminal trial cannot
solely rely upon the deposition of an
accomplice/approver for conviction and should be
supplemented by independent corroboration. Hence
Article 16 of the Qanoon-e-Shahdat Order needs to be
amended that states accomplice is a competent
witness against a co-accused even without
corroboration.
 Introduction
 The courts in Pakistan have time and again held that corroboration is
required in cases where evidence is put forth by an approver and the
apex court of Pakistan has termed it as a rule of prudence. Though a trial
court is empowered with the authority to incriminate an accused solely
on the evidence produced by an approver but many legal impediments
stand in the way of pronouncing a conviction.

 Objective of Research
This project is an attempt to determine the role of approver/accomplice
in a criminal trial that whether in today’s criminal jurisprudence which
has developed over a period of time, sole testimony of an approver is
enough to incriminate an accused or whether independent corroboration
is required.
 ACCOMPLICE

 Pakistani courts defines accomplice as one who is a partner or

has a relation to the crime committed and is jointly implicated
with another accused, it also indicates that the offenders were
more than one.
 US law defines accomplice , US law as one who actively
participates in the commission of offence with intent.
 Article 16 of Qanoon-e-Shadat Ordinance, 1984. An
accomplice is one who is guilty associates or partners in the
commission of crime or who admits that he has a conscious
hand in the commission of crime.
ACCOMPLICE UNDER THE PERSPECTIVE OF
ISLAMIC JURISPRUDENCE

 The Federal Shariat court back in 1991 declared article 16 of

the Qanoon-e-Shahadat Order as un-Islamic
 Islamic law lays down certain qualifications and requirements
for a witness
 The federal Shariat Court interpreted verse number 112 of
Surrah “al-Nisa” and said that this verse refers to the concept
of an approver where Allah says“anyone who earns a fault or
a sin and throws their fault or sin on those who may not be a
sinner he carries falsehood and a flagrant sin”.
 The term Khain also holds immense importance in our
prospective and means a person who betrays trust.
ACCOMPLICE UNDER PAKISTAN’S LEGAL
SYSTEM

 Qanoon e Shahdat Order , is enshrined under the article that

an accomplice is a competent witness against the other co-
accused even without corroboration. Though it is provided
under the illustrations of article of 129 (b) than an accomplice
is unworthy of credit hence material corroboration shall be
there.
 There seems to be a contradiction in between article 16 and
illustration (b) provided under article 129 of the Qanoon-e-
Shahdat Order 1984.
 The courts in this regard have held that the former is a
provision of law whereas the later is a rule of prudence.
INDEPENDENT CORROBORATION

 The term independent corroboration means

literally that something is free from the influence
of anything, it also means self-governing.
 whether evidence produced by an accomplice can
be corroborated with the hearsay evidence?
 It was held by the court that any hearsay statement
produced by an accomplice cannot be produced
against an accused person but can be made a tool to
corroborate or to impeach a witness’s credit but in
no case they are substantive piece of evidence
RECORDING OF STATEMENT UNDER THE
CODE OF CRIMINAL PROCEDURE,1898

 Code of Criminal Procedure general provisions, as to inquire

and trials a detailed concept tender of pardon to an
accomplice is given, sections varying from 337 to 339-A of
CrPC.

 Any trial of whose punishment may extend to 10 years or is

punishable under section 211 of the Pakistan Penal Code or
section 216-A, 369, 401, 135, 477-A, the prosecution at any
stage of trial to obtain evidence may tender a pardon to a
person who directly or indirectly took part in the commission
of that offence.
BHUTTO CASE IN CONTRADICTION WITH
CrPC

 No accomplice can be made in Hudood and Criminal cases

unless and until there is corroboration of an evidence to
punish the accused. But Judgment in Zulfiqar Ali Bhutto case
is in contradiction with this point.

 Zulfiqar Ali Bhutto v. The State

 Bhutto was convicted and later hanged on the testimony of an

accomplice and hearsay evidence .
RECOMMENDATIONS

1. Independent corroboration is necessary whenever an accomplice put

forwards his evidence before the court as a prosecution witness.

2. The term independent corroboration be added in the existing article

of the QSO ,1984.
 The term independent corroboration be added within QSO,1984, the
courts in Pakistan have considered it safe to convict an accused on
the sole testimony of an accused whereas on the in the other legal
regimes it has not only been termed as dangerous but some legal
regimes have totally and wholly rejected this concept.
 3. Existing article be brought within the ambit of Quran and Sunnah as
per article 227 of the Constitution of Pakistan.:

 under article 227 of the Constitution of Pakistan it is mandatory upon

the state to bring all exsisting laws within the ambit of injunction
provided in the Holy Qurran and Sunnah of the Prophet.
 They have also made the verse of the Holy Quran a part of their
judgment where it is stipulated that if information is brought to you by a
Khayn then you must check it from other sources.
 They have not declared the article under discussion repugnant to Islam
whereas they have also declared sections varying from 337-339-A of the
code of Criminal Procedure Code repugnant to the Injunctions of Islam.
Thank you