1713.2017.odt
submits that, so far as the defence of alibi is concerned,
at the time of issuance of the process, there ... question of considering the defence of alibi and it is
always open for the accused persons to raise said
defence at an appropriate stage. Learned
proved by goldsmith PW-7 Yuvraj Jadha.
(viii) that the plea of alibi taken by the accused persons is nothing but
an afterthought and this ... them by leading
cogent and convincing evidence. If the plea of alibi is accepted that
accused No. 1 to 5 were not present
before the Court.
Though the accused has taken up the plea of alibi that he
was working 24x7, in order to substantiate the said fact ... produced any evidence. When once the plea of alibi
is taken, if he fails, to prove alibi, then the prosecution case
is said to have
investigation, which depicted
another story and clinchingly showed that appellants
plea of alibi was correct."
10. In the instant case, though the names ... investigation, which depicted
another story and clinchingly showed that appellants plea of alibi was
correct.
14. In the instant case, the petitioners have specifically raised
learned counsel for the revision petitioner argued that
A1 and A2 raised alibi and the plea of alibi was not proved and A1 only
produced ... work permit to substantiate the plea of alibi, which was found
to be insufficient and A1 and A2 only assaulted PW1 and hence
lead
evidence in defence. The accused appellant Vinod Kumar raised
plea of alibi. In defence, the accused appellants got examined 8
witnesses ... counsel submitted that
(6 of 33) [CRLA-889/2005]
the plea of alibi taken by the accused Vinod further stands
established by deposition
record file
and the accused has taken the plea of alibi which
falsify from his evidence."
10. While considering the circumstances so appeared
against ... matter of fact, the accused has not taken the
plea of alibi, however, it emerges from the trend of cross-
examination of prosecution witnesses conducted
said aspect. It is also his submission that not
proving of alibi will not give an adverse inference
against the accused, but always the burden ... further
submitted that accused No.1 has taken the plea of
alibi and has not produced any documents to show
that he had been
lead
evidence in defence. The accused appellant Vinod Kumar raised
plea of alibi. In defence, the accused appellants got examined 8
witnesses ... counsel submitted that
(6 of 33) [CRLA-889/2005]
the plea of alibi taken by the accused Vinod further stands
established by deposition
mention
here that appellant Surendra Singh did not raise plea
of alibi in his examination under Section 313 of the
Cr.P.C. conducted ... judgment and contended that it is well established that
a plea of alibi should be raised by the relating accused
from beginning of the case
