EVIDENTARY VALUE OF ACCOMPLICE

AND THE ESSENTIALITY OF

INDEPENDENT CORROBORATION

Project Group Members:

Mahnoor Paracha
Sundar Mahmood
 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

• 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 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