Approver

(Shah Nawaz Bokhari, Rawalpindi)

approver (become state witness)

Approver mean accomplice or dangerous witness. In general sense is become into state witness. But it is noted that this offer should came from court of magistrate. The judge is offer pardon to the accomplice to become state witness. This offer should be in written form not verbal. If witness is accept then he is signed the application. Now it is the duty of the court to checked the authenticity of approver statement with other evidence or circumstance of the case. The relevant section 337 to 339 in code of criminal procedure 1898. It is essential to read with section 164 Cr.pc. and in article -130 to 134
Qanuan-e- Shahadat ordinance-1984.

Once court has been accepted the application of approver then it will send him into judicial lockup. The object is to be save his life. He will not be acquittal until proved. If his statement about the commission of crime is true then the court is acquittal from the case. The prosecution is allowed to cross examine in his statements to. The court allowed the prosecution to discover the truth or if find no resemble of his statement to be rejected. It is duty of the court to read his statement with other evidences or witness who may engage in proceeding.

Exception: It is essential by the court to proceeds this type of cases within one year otherwise court bound under the law not to offer to pardon to the accused. The reason behind to this cause accused shall be victimized through family pressure to not tell the truth. Hence, it is mandatory to the court to follow the precedent of the supreme court of Pakistan.


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