Accomplice

Prosecution case was that the main accused, since acquitted, disclosed to Investigating Officer that in presence of the appellant another co-accused had sought his help to get the consignment cleared for export wherein the contraband was being smuggled

Statement of main accused recorded under S. 161, Cr.P.C. was not admissible in evidence

No other material was available on case file which could show the appellant's nexus with the smuggling bid

No probability of the appellant being convicted existed

High Court observed that further proceedings in the case would be nothing but a futile exercise which had to be curbed under S. 265-K, Cr.P.C.

Appeal was allowed and the appellant was acquitted of the charge.

Defined.

Albiet Art. 16 of the Qanun-e-Shahadat, 1984, makes an accomplice a competent witness, Art.129(b) provides a sort of rider thereto when it enacts that the Court may presume "that an accomplice is unworthy of the credit unless he is corroborated in material particulars."

Rule 5 of Chap. 14, Vol. III, High Court (Lahore) Rules and Orders, also stipulates that since the evidence of an approver being that of an accomplice is prima facie of a tainted character, it should be scrutinized with utmost care and accepted with caution

Rule 5 adds that as a matter of law, pure and simple, a conviction is not bad merely because it proceeds upon the uncorroborated testimony of an accomplice but it has become almost a universal rule that conviction cannot be based on the testimony of an accomplice unless it is corroborated in material particulars

As to the amount of corroboration which is necessary, no hard and fast rule can be laid down; it will depend upon various factors, such as the nature of the crime, the nature of the approver's evidence, the extent of his complicity and so forth

Corroboration is considered not only in respect of the general story of the approver but also in respect of facts establishing the accused's identity and his participation in the crime

No strait jacket formula can be laid down as to the amount of corroboration but it must be in material particulars.

Evidence of an accomplice is ordinarily regarded suspicious; therefore, extent and level of corroboration has to be assessed keeping in view the peculiar facts and surrounding circumstances of the case.

Evidence of an accomplice cannot be outrightly rejected and can be relied upon if corroborated by evidence and material on record.

If a witness is of a character analogous to an. accomplice, his evidence must be corroborated in material particulars.

Prosecution witnesses, privy to crime Guilt of accused, held, could not be maintained on their admissions.

S. 133-Accomplice-Corroboration-Office clerk of Government servant (caught red-handed with bribe money) preparing wrong bill for amount found to have had no knowledge of accused arrest and release on bail in connection with charge of receiving illegal gratification Clerk held not an accomplice and his evidence required no corroboration to be relied upon.

Accomplice Evidence-Unsafe to convict a person ore evidence of ten accomplice unless corroborated in material particulars.

Accomplice -One who ` in fact' participates in crime "Decoy" to catch bribe-taker, or "conspirator" repenting and becoming as " informer "-Not accomplices-No corroboration of statement of " decoy " or " informer " necessary-Evidence Act (I of 1872), S. 133.

Evidence Act (I of 1872), S. 133.

Bribe giver-Evidence of-Points on which corroboration absolutely essential-Evidence Act (I of 1872), S. 133 Penal Code (XLV of 1860), S. 162-Prevention of Corruption Act (II of 1947), S. 5.

Mere knowledge of witness that accused's method was criminal-Does not make him accomplice of crime.

Accomplice-Statement-Independent corroboration necessary-Accomplice's own previous statement or confession of co-accused not such corroboration.

Person seeing murder committed would be an accomplice if, having had the opportunity, he had failed to disclose facts about the murder.

Statement of, against acceptor-Corroboration necessary-Evidence Act (I of 1872), S. 133.

Statement of person passing bribe to accused-Necessity of corroboration-Evidence Act (1 of 1872), Ss .t 114 and 133.

Evidence corroborative of statement of Need not itself be sufficient for conviction Should connect or tend to connect accused with crime-Evidence Act (I of 1872), S. 133.

Accomplice-A moral wretch.

Accomplice -Appearing as witness-Evidence of=Necessity of independent corroboration.

Accomplice Evidence of-Reasons for holding untrustworthy.

One accomplice cannot corroborate another Jury, however, entitled to convict if due warning is given-Not enough to show that accomplice told truth in matters unconnected with crime-Connection of accused with crime committed must be established

(English law).

Accomplice-Evidence of-Corroborated by another accomplice-Whether good corroboration-(Basutoland Criminal Procedure and Evidence Proclamation, 1938 as amended later), S. 231.

Accomplice-Corroboration-One accomplice cannot corro­borate another.