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
plea of alibi of accused Harvinder is well established
from the evidence of PW4 and 7. Plea of alibi was rather proved by IO /
PW10 ... Prosecution in proving of the guilt of the accused and the evidence
adduced by the accused in proving his defense of alibi. If the evidence
till the time she reached the hospital.
73. The onus to prove alibi is on the person who pleads alibi.
The defence has been raised ... circumstances of this case.
The accused, therefore, has failed to prove alibi.
81. So keeping in view the entire facts and circumstances
pleaded alibi the burden was on him to prove it.
Since he has failed to prove alibi an adverse inference is drawn
against
alone, being proved
beyond reasonable doubt. The plea of alibi had to be proved
with absolute certainty so as to completely exclude the
possibility ... 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
case. It was expected from the appellant Rajeev Lochan
Singh to prove his alibi with documentary evidence of
unimpeachable veracity, whereas he has examined ... evidentiary value. It was for the appellant Rajeev Lochan
Singh to prove his alibi that he was not in a position to come
from Piparjhar
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
ground. Four defence witnesses were produced to prove certain documents and four were produced to prove alibi.
12. Now, where an alleged offence has been ... alibi was, however, produced although, consisting, as it would have, of official records, it afforded the appellant the best means of proving his plea
first instance.
(j) However, taken perhaps by surprise, at the alibi pleaded by the
petitioner, the Investigating Officer filed a memo before the Special Court ... Madurai, the I.O. shifted his
focus on proving the signature of the petitioner in the Joint memo filed before
the Lok Adalat
