STATEMENT OF ACCUSED AND HIS COMPETENCY AS A WITNESS

STATEMENT OF ACCUSED AND HIS COMPETENCY AS A WITNESS

• Ä  What do you understand by statement of accused? Can accused appeared as a witness and make statement on oath? Discuss with special reference to provision of law.
• Ä  Is it obligatory on the part of the accused to appear in the witness box during trial and give evidence on oath in disproof if the charge? Discuss with reference to the law.

INTRODUCTION

MEANING OF STATEMENT OF ACCUSED

It may be described as under;

“ Every statement made by accused under section 340(2) or 342 Cr.P.C in order to give explanation as he may consider necessary in regard to the salient points made against him.”

RELEVANT PROVISIONS

Following are the relevant provisions

Section 340(2) Cr.P.C

Cross Reference

Article 122 of Q.S.O 1984

COMPETENCY OF ACCUSED AS A WITNESS UNDER SECTION 340(2)

REQUIREMENTS FOR ACCUSED TO APPEAR AS WITNESS

Accused can appear as defence witness if following requirements are fulfilled.

I-                    ACCUSED OF OFFENCE BEFORE CRIMINAL COURT

II-                  ACCUSED AGAINST WHOM PROCEEDINGS ARE INSTITUTED

III-                NOT PLEAD GUILTY

DUTY OF THE COURT

OPTION OF ACCUSED

STATEMENT MADE ON OATH

STATEMENT SHALL BE ACCEPTED OR REJECTED AS WHOLE

P.L.D 1991 S.C 520

STAGE OF GIVING EVIDENCE ON OATH

PROJECTION AGAINST INCRIMINATING QUESTIONS

I-                    EXCEPTIONS

Such incriminating question be asked to accused in the following cases.

i-                    To Prove The Offence With Which He Is Charged

ii-                  Where He Try To Establish His Good Character

iii-                Where He Gives Evidence For Any Other Person

CONCLUSION