Accomplice in Pakistan:
An Accomplice in Pakistan is a person who helps, assists, or participates in the crime of the other person. An accomplice is generally called the co-accused. The co-accused or an accomplice in Pakistan is punished in the same way as the principal accused. The law does not differentiate between the principal accused and the accomplice. The law treats the co-accused in the same way as the principal accused. Whatever punishment is given to the principal accused will also be given to the accomplice. The law does not generally tender pardons to accomplices in Pakistan. The law is clear that whoever helps, assists, or participates in the crime of the other person will be dealt with in the same way. Both the principal and the co-accused will get the same punishment.
- For example, in rape cases, the person who incited the female to come to the place of offense so that she can be raped will be punished in the same way as the principal. In case both the male and the female accused of rape are previously married and there is proof that they have done court marriage in Pakistan then both the principal and the accomplice will not be held guilty.
- A nikah registrar knowingly does nikahnama registration in Pakistan of the couple for which he knows that the female is still married and has not obtained any khula in Pakistan or does not have the Nadra divorce certificate is an accomplice in this case.
Tender of Pardon to Accomplice in Pakistan:
Generally tender of pardon to an accomplice in Pakistan is not possible. In only one way the tender of pardon to an accomplice in Pakistan is possible if he becomes a witness against the principal accused. Even if he becomes a witness the prosecution department will decide how much pardon he should be given. It is not necessary that he be given a complete pardon. If the prosecution department thinks that the guilt of the principal accused cannot be proved without the testimony of the accomplice then they can negotiate with the accomplice to give him a complete or partial pardon.
Principal accused:
The prosecution thinks that they can prove the guilt of the principal accused without the witness of the accomplice in Pakistan then they will not negotiate with the accomplice. The prosecution department will negotiate with the accomplice to be the witness only in the worst scenario. Moreover, the testimony of the accomplice is also not trustworthy. It is up to the discretion of the court to accept the testimony of the accused or not. The courts have strict standards to accept the testimony of the accomplice.
Permission from the Court:
To make the accomplice a witness the prosecution department also has to get permission from the court. The prosecution department has to satisfy the court as to why they want to give a complete or partial pardon to the accomplice in Pakistan. They have to satisfy the court that the guilt of the principal accused cannot be proved until the accomplice testifies as a witness. For details, you may contact our expert lawyer in Lahore Pakistan.
Read our other blogs on Unmarried certificates in Pakistan and the procedure of divorce in Pakistan.
