operation is successful, the fact remains
that when defense wants to prove alibi of his
presence and involvement in the treatment of his
cousin ... story of defense is
concerned, they have miserably failed to prove
alibi and statement of cousin brother that his
daughter was hospitalized at Deesa
occurrence. The learned trial judge has found the plea of alibi successfully proved in favour of the accused Naz Haider on the basis ... 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
witnesses DW.1 and DW.2 have been produced to prove the alibi, but the witnesses are not reliable. None of hotel in the village ... deceased. Of course, the evidence adduced by the appellant to prove his alibi was not very convincing and merely because
witnesses who have been
examined on behalf of the defence to prove the alibi of the accused
persons have made inconsistent statements which have made ... alibi is entirely on the accused and
strict proof is required for establishing an alibi, but the accused has
failed to prove the same
Code.
(7) He further submitted that the burden to prove alibi at the time of the
incident with regard to the appellant being ... place to mention that
the burden of proof to prove the 'alibi' was on the appellant.
Thus, in view of the discussion
examined before
the trial Court to prove his alibi but plea of alibi should be
proved with such a confirmation that there should ... proved its case beyond reasonable
doubt. It is true that if the accused could not prove his
plea of alibi then still the evidence
Mithlesh Kumar Kushwaha vs State on 21 September, 2015
Author: Gita Mittal
Bench: Gita Mittal
decides whether
that evidences proves a particular fact or not. When
it is held that a certain fact is proved, the question
arises whether that ... appellant but no
evidence was adduced by the defence to prove the alibi; that the
Learned Trial Court erred in assuming that the appellant failed
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
accused have tried to create
an evidence so as to prove an alibi, by
transaction of one Swift car for which forged
documents ... created, submitted that it proves
that the present petitioner has helped the
original accused to prove their alibi that they
were with such Swift
