Judicial principles and studies
Statement by an Accused Against a Co‑accused in the Same Charge Is Unlawful
The study examines reliance on a co‑defendant’s statement in a single charge and finds such a statement does not constitute conclusive legal evidence. Where the accused denies the charge and no conclusive proof is produced, the trial court’s acquittal should remain undisturbed.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses the legal effect of relying on a co‑defendant’s statement against another accused in the same charge, with reference to Article 148(2) of the Code of Criminal Procedure.
Summary
Where prosecution is based on an accused’s statement against a co‑accused that does not amount to conclusive legal evidence, and the accused consistently denies the allegation throughout the proceedings with no conclusive proof presented, the trial court’s finding of acquittal stands and there is no justification to disturb that assessment. This is an educational summary only; it is not a judicial text or legal advice.
Practical significance
Practically, a co‑defendant’s testimony alone cannot establish participation without conclusive legal evidence, and courts should respect the trial court’s conviction of innocence in such circumstances.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.