accepted and highlighted stating as follows.-
"The plea of alibi must be proved by cogent and satisfactory evidence, completely excluding the possibility of accused ... plea of alibi without establishing the same. In Soma Bhai v State of Gujarat , the plea of alibi has to be proved to the satisfaction
Court below did not appreciate the defence evidence led
before it to prove that accused No.1, 2 and 9 were also
not present ... time of alleged
offence. As such, their evidence of proving the stand of
alibi taken by them has not been considered properly by
the Sessions
been held that when the
accused puts forth plea of alibi, he has to prove the same
satisfactorily and since, in the case on hand ... accused fails to discharge
the said burden and to prove the alibi, it would not
automatically lead to an inference that he is guilty
present at
Vijayapura and as such to prove alibi said application
came to be filed and it came to be allowed by order
dated
once the plea of alibi
is taken, if he fails, to prove alibi, then the prosecution case
is said to have been proved. In that
mere fact that the accused had
adopted the defence of alibi. The plea of alibi taken
by the accused needs to be considered only when ... alibi. But once the
prosecution succeeds in discharging its burden
then it is incumbent on the accused taking the
plea of alibi to prove
taken the plea of alibi. Once the plea of alibi is taken, it is
for him to prove that he was not present at place ... elsewhere.
He must prove its."
In this case defence did not adduce any evidence to
prove the alibi. On the contrary the evidence
considered the
said aspect. It is also his submission that not
proving of alibi will not give an adverse inference
against the accused, but always ... taken the plea of alibi. When he
takes the said plea of alibi, the burden is on him to
prove the same under Section
statement.
vii) Though the accused set up the plea of
alibi he failed to prove the same in
compliance of Section ... competent person to
divulge the same.
iii) The accused neither proved his plea
of alibi nor set up the same
give declaration.
13. The accused has led defense evidence to
prove alibi by examining three witnesses who have
stated about presence of the accused
