Accomplice | Who is an accomplice? | Commission Of Crime | Indian Evidence Act | The National TV
- by Shashank-Pant
- May 12, 2020 13:53
An accomplice is a person who has taken part in the commission of a crime. It is given under section 133 Indian Evidence Act but nowhere defined under the Act. He is one who is somewhere or the other committed to the commission of the crime.
Section 133 says, An Accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
An accomplice by accepting pardon under section 306 of the code of criminal procedure becomes an approver and act as a prosecuting witness by accepting pardon he becomes a competent witness.
Section 133 has relevancy with section 114 illustration (b) which says that court may presume that an accomplice is unworthy of credit unless corroborated in material particulars.
In a nutshell, an accomplice who has turned into an approver is of immoral character and a nefarious person his testimony cannot be reliable it must be corroborated with other evidence.
Dagdu v State of Maharashtra 1977
The testimony of an accomplice who has turned into an approver needs to be corroborated with other independent evidence as such an approver cannot be relied upon as it would be dangerous to rely upon the evidence of self-confessed criminals.
Who is an accomplice?
R.K Dalmia v. Delhi administration
1- A person who is particular criminal in respect of actual crime charged or person committing procuring, aiding, or abetting.
2- Receivers have been held to the accomplices of the thieves from whom they receive goods.
State of Rajasthan v. Balveer 2014
A person who acts as a watchman during the commission of a crime is an accomplice and if such person is pardoned his evidence can support a conviction.
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