We can define the accomplice by the relevant provisions
ARTICLE 16 ACCOMPLICE
ARTICLE 129
ARTICLE 43
ARTICLE 44
HERE IN AFTER WE WIIL MAKE DETAIL DISCUSSION OF RELEVENT LAW ON THE SUBJECT.
ARTICLERTICLE 16 ACCOMPLISE.
AN ACCOMPLISE SHALL BE COMPETENT WITNESS AGAINST AN ACCUSED PERSON EXCEPT IN THE CASE OF OFFENCE PUNISHABLE WITH HADD;AND A CONVICTION IS NOT LEGALLY MERELY BECOUSE IT PROCEEDS UPON THE UNCORROBORATED TESTIMONT OF THE ACCOPLISE.ARTICLE 129 COURT MA PERSUME EXISTANCE OF CERTAIN FACTSTHE COURT MAY PERSUME THE EXISTANCE OF ANY FACTS WHICH IT THINKS LIKELIY TO HAV HAPPENED REGARD BEING HAD TO THE COMMON COURSE OF NATURAL EVENT;HUMAN CONDUVT PUBLIC AND PRIVATE BUSSINESS IN THE RELATION TO FACTS OF THE PARTICULAR CASE.
ILLUSTERATION b
THE COURT MAY PERSUME THAT THE ACCOMPLISE IS UNWORTHY OF CRADIT UNLESS HE IS COROBORATED IN MATERIAL PARTICULARS.ARTICLE 43 CONSIDERATION OF PROVED CONFESSION AFFECTING PERSON MAKING IT AND OTHER GIONTLY UNDER TRIAL FOR SAME OFFENCE.
ARTICLE 43 CONSIDERATION OF PROVED CONFESSION AFFECTING PERSON MAKING IT AND OTHERS JOINTLY UNDER TRIAL FOR SME OFFANCE
WHON MORE PERSON THAN ONE BEIND TRIED JOINTLY FOR THE SAME OFFENCE AND A CONFESSION MADE B ONE OF SUCH PERSON IS PROVED.
A. SUCH CONFESSION SHALL B PROOF AGAINST SUCH PERSON MAKING IT.
B. THE COURT MAY TAKE INTO CONSIDERATION AND SUCH CONFESSION AS CIRCUMSTANTIAL EVIDENCE AGAINST SUCH OTHER PERSON.
ARTICLE 44 ACCUSED PERSON TO LIBLE TO CROSS EXAMINATION.........................................................................
NOW WE DISCUSS WHO IS AN ACCOPMLISE AND WHAT IS HIS KINDS AND WOT IS THE EVIDENIARY VALUE OF ACCOPLISE WITH SOME CASE LAWS.
WHO IS AN ACCOMPLISE
AT LAW AN ACCOMPLISE IS APERSON WHO ACTIVELY PARTICIPATES IN THE COMISSION OF CRIME EVEN THOUGH THEY TAKE NO PART IN THE COMISSION OF CRIME OR IN ACTUAL CRIMINAL OFFENCE.
FOR EXAMPLE
IN A BANK ROBBARY THE PERSON WHO POINTS THE GUN AT THE TELLER AND ASKS FOR THE MONEY IS GUILT OF ARMED ROBBARRY.HOWEVER ANYONE ELSE DIRECTL INVOLVED IN THE COMMISSION OF CRIME
in older sources an accomplise was often b reffered to as an abeter.this term has not been actuve used having been replaced b accomplice.AT LAW AN ACCOMPLICE HAS SOME GUILTY AS THE OTER PERSON OR ACCUSED WHO COMMITTED THE OFFENCE OR FALONY AND THEY R ALL FACES THE CRIMINAL PENALITIES.
- CASE LAW
ONE OF THE MOST NOTRIOUS CASES OF THIS TYPE
WAS THE 1952 CASE IN EGLAND INVOLVING DEREK BENTLY A MENTALL CHALLANGED MAN WHO WAS IN POLICE CUSTODY WHEN HIS 16 YEAROLD COMPANION CHRISTOPHER CRAIG SHOOT AND KILLED A POLICE OFFICER DURING A BOTCHED BREAK IN CARIG WAS SENTENCED TO B DETAINRD AT HER MEJIST PLEASURE SINCE A JUVENILE OFFENDER HE COULD NOT B SENTENCED OF DEATH SHE WAS REALEASED AFTER SERVING 10 YEARS BUT BENTLY WAS HANGED THE INCIDENT WAS DRAMATISED IN THE FILM LET HIM HAVE IT.
KINDS OF ACCOMPLICE
AN ACCOMPLICE MAY COME UNDER THE FOLLOWING CATEGORIES.
1. PRINCIPAL OFFENDER OF 1ST DEGREE AND 2ND DEGREE
2. ACCESSORIES BEFORE THE FACTS
3. ACCESSORIES AFTER THE FACTS.
MAXIM"PARTICIPES CRIMINIS"
MEANING
AN ACCOMPLICE IS A PARTICIPLES CRIMINIS MEANS PERSON WHO PARTICIPATES IN THE ACTUAL CRIME CHARGED AGAINST AS ACCUSED
THERE ARE TWO CASES IN WHICH A PERSON HAS BEEN HELD TO B AN ACCOMPLICE EVEN HE IS NOT THE PARTICIPES CRIMINIS.
1. RECEVIED THE STOLEN PROPERTY ARE TAKE TO B AN ACCOMPLICE OF THE THIEVES FROM WHOM BY RECEIVED GOODS ON A TRIAL FOR THEFT.
2.ACCOMPLICE IN PERVIOUS SIMILER OFFENCES COMMITTED B THE ACCUSED ON A TRIAL DEEMED TO BE AN ACCOMPLICE.
AN ACCOMPLICE IN ITS GENERAL SENSE INCLUDES TRAP WITNESSES AND APPROVERS.
TRAP OR DECOY WITNESS
TRAP WITNESS CANNOT BE PUT AT PAR WITH THE ACCOMPLICE BECOUSE THE ARE THE PERSONS WHO ACT FOR THE ADVANCEMENT OF PUBLIC JUSTICE AND THEIR AIM IS TO BRING THE CULPRITS TO BOOK.
ALTHOUGH THEY PRETEND TO COLLABORATE WITH TH CULPRITS IN THE COMMISSION OF CRIME THEY DONT SHARE THE ELEMENT OF MENS REA.
IN THE CASE OF LEGITIMATE TRAP
WHERE THE OFFENCE HAS ALREADY BEEN USED BORN IS IN IT COURSE THE OFFICERS TAKING PART IN THE TRAP AND THE WITNESS TO TRAP WOULD IN NO SENSE BEACCOMPLICE AND THIER EVIDENCE WILL NOT REQUIRE COOROBORATION.IN THE CASE OF ILLEGITIMATE TRAP
WHERE THE OFFENCE HAS NOT YET BEEN BORN AND A TEMPTATION IS OFFERED TO SEE WETHER AN OFFENCE WOULD B COMMITTED OR NOT UNLESS AUTHORISED BY THE ACT OF PARLIAMENT IT WILL B AN OFFENCE TO TAKE PART IN THE TRAP.
EVIDENTIAR VALUE OF ACCOMPLICE"S EVIDENCE
ARTICLE 16 OF THE QANUN E SHAHADAT 1984 LAYS DOWN THAT AN ACCOMPLICE IS A COMETENT WITNESS AND A CONVICTION BASED ON THE SOLE TESTIMONY OF AN ACCOMPLICE IS NOT ILLEGAL.
THE COURT LAID DOWN THE LEGAL POAITION AS UNDER.
WHILE IT IS NOT ILLEGAL TO ACT UPON THE UNCORROBORATED EVIDENCE OF AN ACCOMPLICE IT IS A RULE OF PRUDENCE TO BE UNIVERSALLY FOLLOWED AS AMOUNT TO A RULE OF LAW THAT THE COURT OUGHT NOT TO PAY ANY RESPECT TO THE TESTIMONY OF AN ACCOMPLICE UNLESS CORROBORATED IN MATRIAL PARTICULARS.
