Alibi is a Latin word, which means elsewhere. It is used when the accused
takes the plea that when the occurrence took place he was elsewhere. In such a
situation the prosecution has to discharge the burden satisfactorily. Once the
prosecution is successful in discharging the burden it is incumbent on the
accused who takes the place of alibi to prove it with absolute certainly. An
alibi is not an exception envisaged in the IPC or any other law. It is a rule of
evidence recognized by Section 11 of the Evidence Act that facts inconsistent
with fact in issue are relevant. However it cannot be the sole link or sole
circumstance to bare conviction. When one fact is necessary to the hypothesis of
the guilt of the accused, but strikingly absent in the chain of circumstantial
evidence, the prosecution case certainly will fail. Because, an alibi the
relevancy of which is totally inconsistence with hypothesis that the accused had
committed an offence.
When the accused took the plea of alibi the burden of proof lies on him under section 103 of this Act. If a person is charged with murder he is to prove that he was elsewhere. The plea of alibi has to be taken at the earliest opportunity and it has to be proved to the satisfaction of the court.
Where an alleged offense has been committed and the prosecution accuses a person of having committed the same it would be a complete answer to the accusation for that person to plead that he was at that time elsewhere; this has of course no reference to offense in which time or place are not material factors; and if that person succeeds in establishing that plea technically called the plea of alibi he will be entitled to an acquittal. The reason is that what may appear on examination of the defence evidence alone to be proved may turn out really not to be so, viewed in the light of evidence to the contrary adduced by the prosecution.
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...
It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...
The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...
One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...
Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...
Population control is a massive problem in our country therefore in view of this problem the Ut...
Please Drop Your Comments