incumbent on the
accused, who adopts the plea of alibi, to prove it
with absolute certainty so as to exclude the
possibility of his presence ... incumbent on the accused, who
adopts the plea of alibi, to prove it with absolute
certainty so as to exclude the possibility of his
presence
patient. Ex.P29 is the alibi petition and Ex.P30 is the Enquiry Report of the alibi petition. The trial Court also took ... that the guilt is not proved against A8 to A10. The trial Court also disbelieved that the plea of alibi
prove
(i) that they were not present at the time of occurrence and (ii)
that Phoola Ram committed suicide.
37. To prove his alibi accused ... prove that at the time of alleged occurrence he was present on
duty. The onus of proving alibi was on accused-Mahinder Singh
examined a
single witness to prove his alibi. The burden of proving alibi was on the
Appellant and he failed to discharge it. The evidence ... accept the submission of the Appellant that notwithstanding him
not having proved alibi, he should still be given the benefit of doubt
expected of an accused who takes the plea of alibi to prove the same with absolute certainty so as to exclude the possibility ... said Section very categorically shows that the burden of proving alibi is upon the accused.
22. In the instant case before us, the accused persons
denied the case of the
prosecution. He has taken the plea of alibi. The appellant
was convicted and sentenced, as noticed hereinabove.
Hence, the present ... appellant has
vehemently argued that the prosecution has failed to prove
its case beyond reasonable doubt against the appellant.
Learned counsel appearing on behalf
these circumstances, the prosecution has not been
able to prove that mobile No. 9899798669 which according to the
prosecution belonged to Saroj wife of Pushpender ... have
committed the murder of Meena.
63. In order to prove his alibi accused Ravinder examined
Jaswant as DW 4 who deposed that
elsewhere. He must prove it.
In this case defence did not adduce any evidence to prove the alibi. On
the contrary the evidence ... prosecution in proving of
the guilt of the accused and the evidence adduced by the accused in
proving his defence of alibi. If the evidence
prove the plea of alibi is heavy on the accused and the plea of alibi cannot be proved by preponderance of probabilities. Viewed ... prove the plea of alibi is heavy on the accused and the plea of alibi cannot be proved by preponderance of probabilities. It is well
considering the depositions of
those witnesses, the appellant No.1 has proved his alibi and
learned Trial Court ought to have accepted the alibi ... required to
be proved only after prosecution has proved its case against
the accused. The first condition is proved by the prosecution
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