Approvers and accomplices in 9 cards.

The law.

Article 16, Qanun-e-Shahadat.

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

Qanun-e-Shahadat Order, 1984 · Article 16, Accomplice

The rule. Cards 1 to 3.

Article 16.

• CompetentAn accomplice can testify against the accused. (Art. 16)
• ExceptNot in an offence punishable with hadd. (Art. 16)
• Not illegalA conviction on his word alone is not illegal. (Art. 16)

The caution. Cards 4 to 6.

Article 129(b) and the cases.

• PresumptionUnworthy of credit unless corroborated in material particulars. (Art. 129(b))
• PrudenceCourts seek corroboration as a rule of prudence. (1993 SCMR 785)
• Double testReliable in itself, and corroborated independently. (PLD 2002 Kar. 152)

The pardon. Cards 7 to 9.

Section 337, CrPC.

• The dealPardon on a full and true disclosure of the offence. (s.337(1))
• Hurt or qatlNo pardon without the victim's or heirs' permission. (s.337(1))
• WitnessHe must be examined as a witness at the trial. (s.337(2))

Quick quiz. The co-accused.

Guess first, then swipe for the answer.

• A. Yes, it prejudices him
• B. No, he can cross-examine
• C. Only in the High Court

Answer: B. 2016 PCrLJ 714.

Lahore High Court.

• The holdingWith the heirs' permission, the co-accused could not challenge the pardon.
• His remedyAmple opportunity to cross-examine the approver.

How much corroboration?

PLD 2020 Lah. 690, Lahore High Court.

• No formulaIt depends on the crime, the evidence and his part in it.
• Must coverThe general story, and the accused's identity and part in the crime.

Custody until trial.

Section 337(3), CrPC.

• The ruleUnless already on bail, he stays in custody until the trial ends.

Mix-ups to avoid.

Three lines examiners test.

• Competent, not credibleArt. 16 lets him testify. Art. 129(b) weighs his word.
• Law vs prudenceCorroboration is prudence, not a legal bar.
• HaddThe one place Art. 16 shuts him out.

Stuck on approvers?

Ask FAI. It answers with the exact article and the judgments that explain it.

• Explain Article 16 and Article 129(b) Qanun-e-Shahadat with Supreme Court cases.
• When can a court tender a pardon under section 337 CrPC?

Example questions

Sources

• Qanun-e-Shahadat Order, 1984 · Article 16
  Accomplice Pakistan Code