Competency of an accomplice as a

The only rule of law is that this rule of prudence must be present to the mind of the judge. R 18 CWN Importance of Section and While commenting on this aspect, Hidayatullah, J.

Accomplice Witness and its admissibility as Evidence

Section of the Indian Evidence Act says that the court may presume that an accomplice is unworthy of any credit unless corroborated in material particulars. After coming down from house of Rameshwar she went to chabutara of her house and was found lying there.

State of Maharashtra "There is no antithesis between S. Usually most of the crimes are committed at secluded places where there will not be any eye — witness to testify regard to these offences, and it would not be possible for the police to get sufficient evidence to prove the guilt of the accused.

Section 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. They are the persons who receive or comfort or protect persons who have committed the crime knowing that they have committed the crime.

Baskerville KB is noteworthy: He was satisfied however that the girl had been raped by somebody. Article 20 3 of the Indian Constitution says that no accused shall be compelled to be a witness against himself.

They are the person who abet, incite, procure, or counsel for the commission of a crime and they do not themselves participate in the commission of the crime.

Detectives, Decoys and Trap Witness: Lepage, Science du Droit, ch. In such cases what police does is that it picks up one of the suspects arrested who is usually least guilty and offers to him an assurance that if he is inclined to divulge all information relating to the commission of the crime and give evidence against his own colleagues, he will be pardoned.

Daji Narsu 6 Bom Allahabad Law Agency1 http: Maganlal ILR 14 Bom One who is guilty of complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed, though mere presence, Acquiescenceor silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice.

State of MaharashtraCr. Just as a scientist may give evidence with respect to DNA etc. An accomplice is one of the guilty associates or partners in the commission of a crime or who in some way or the other is connected with the commission of crime or who admits that he has a conscious hand in the commission of crime.

Emperor 37 Cal Principal offender of First Degree and Second Degree: First, the common law in areas not directly covered by the reforms is nonetheless likely to be developed in future in accordance with the values underpinning the reforms.

Competency of Accomplice as Witness An accomplice is a competent witness if he is not being tried in the case in which he is required to give evidence, but if he himself on trial in the case, he is altogether incompetent, for being an accused person in the case, he cannot be examined on oath.

The felony must be complete The accessory must have knowledge that the principal committed the felony The accessory must harbour or assist the principal felon.

A Critical Analysis of Accomplice Witness in India

Further more in case of accomplice witnesses, he should not be a co-accused under trial in the same case and may be examined on oath.3) Competency of an Accomplice as a Witness According to Section of Indian Evidence Act, "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.".

Competency of Accomplice as a Witness Section According to Section of Indian Evidence Act, "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.".

CORROBORATION OF ACCOMPLICE TESTIMONY IN FEDERAL CRIMINAL CASES LESTER B.

Accomplice Evidence

ORFIELD'I I. INTRODUCTION IN GENERAL UNDER the Anglo-American approach to evidence witnesses are to be weighed, not counted.' It follows that testimony by a single witness may be sufficient to convict. But there are exceptions to this. Competency of an Accomplice Accomplice. There must at least be confirmation of some particulars which show that the accused committed the crime.

) he is likely to swear falsely in order to shift blame. the husband or wife of such person. accomplice. Thereforeanyone of them can be an ultimedescente.comency of Accomplice as Witness:An accomplice is a competent witness provided he is not a co accused under trial in the same case.

But such 2. competency which has been conferred on him by a process of law does not divest him of the character of anaccused. Competency of an Accomplice as a Witness. Accomplice Witness An accomplice means a person who has taken part in the commission of a crime - Competency of an Accomplice as a Witness introduction.

In the case of R. K Dalmia v.

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Competency of an accomplice as a
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