Analysis of Cases Relating to Section 133 of the Evidence Act, 1872
Author: Pranay Golcha, Student, Symbiosis Law School, Hyderabad, India
Abstract There is always a need for the accomplice evidence and testimony evidentiary value that should be checked. This Paper focuses on the Value and weightage of the evidence given by the Accomplice in the offence and How to determine if the evidence given by him is not given under any coercion. An Accomplice shall be a competent witness against an accused person, and a conviction is not illegal merely because of proceeds upon the uncorroborated testimony of an Accomplice. The Testimony of the Accomplice who is usually interested and nearly, infamous witnesses are admitted from necessity, it is impossible without having recourse to such evidence to bring the principal offences to justice. The Statement as Evidence Given by the Accomplice under the Indian Evidence Act speaks about the evidence given by the accomplice is reliable or not. Section 133 lays down that an accomplice is a competent witness and a conviction based on the sole testimony of an accomplice is not illegal. Contrary to this illustration (b) to Section 114 evidence act lays down that an accomplice is unworthy of credit unless he is corroborated in material particulars. This established rule of law relating to the uncorroborated evidence of an accomplice, it is the rule of prudence to be universally followed as to amount to rule of law that the courts ought not to pay any respect to the testimony of an accomplice unless he is corroborated in material particulars. So far as the question about the conviction based on the sole testimony of an accomplice is concerned the law is settled and it is established rule of prudence that the testimony of an accomplice, if it is thought reliable as a whole, a conviction could only be based if it is corroborated by independent evidence either direct or circumstantial connecting the accused with the crime.
Keywords: Sec. 133 evidence Act, accomplice evidence, Combination of Sec. 133 and Sec. 114
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