Legal Question in Criminal Law in Pakistan

A defense witness was called upon by NAB during the course of investigation.He refuted the charges despite of 3rd degree torture in the NAB office.After 5 visits to the NAB office,finally he bowed down before the IO NAB in Lahore.He was produced before judicial magistrate for recording his statement under 164 Cr.P.C but he spoke out the truth before the magistrate and refused/denied the statement under section 161 taken in the NAB office after tremendous physical torture.Later on NAB arrayed him as accused in the reference and the reference is pending before the NAB court.But now he is blackmailing the main accused by demanding huge amount otherwise he will give statement against the main accused.Sir is it possible at this stage for him to become approver where as he had refused to record statement under 164 Cr.P.C? In this case what will be the consequences for the main accused and for himself?And how can the main accused can protect himself from the blackmailing of the other accused?

Regards

Majid


Asked on 4/26/14, 11:00 pm

2 Answers from Attorneys
Salman Khan International Lawyer

The statements of witness are now controversial.. Benefit of doubt goes to the accused.. There is no likeliness of punishment to the accused on the statement of witness now.. However, your lawyer has to deal with your case with an active mind.. For more [email protected]

Regards,

www.internationallawyer.info

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Answered on 4/27/14, 6:55 am
Inamullah Ansari Inamullah Ansari

Yes a co accused statement is admissible against his accomplice in a joint trial. As per my understanding you have composed a hypothetical situation for opinion.for, the facts of the case do not disclose the particular of the accused and co-accused.

It is well established law that in criminal cases facts of two cases can not be identical, therefore, any given solution may not hold good for other situation.

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INAMULLAH ANSARI

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Answered on 5/01/14, 5:29 am


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