Jiya Lal vs State Of U.P. on 19 May, 2020
27. So far plea of alibi taken by accused-appellant Jiya Lal is concerned, the version of DW-2 Danvir is that accused-appellant Jiya Lal has come to his village Govli, PS Atrauli, Bulandshahar and he remained there for three days and performed 'Jagran' at his house as well as at some houses. It was stated village Govli is situated at a distance 20 km from village of complainant. It is well settled that the onus of proving a plea of alibi is on the accused (vide 1978 Cr. L. J. 141 State of UP Vs Saughar Singh & Ors.). Therefore, the appellant must prove the plea of alibi to the satisfaction of the Court by producing cogent and consistent evidence so that the court comes affirmatively to the conclusion that the appellant could not have participated in the commission of horrendous crime in their own residence. However, the plea of alibi can also be spelt out from the prosecution evidence, if it is available therefrom. True it is that when a plea of alibi is taken, it is open to him to establish such plea by preponderance of probabilities and to make it 'probably reasonable'. But the fact remains that such plea of alibi must be proved with absolute certainty so as to completely exclude the possibilities of the appellants at the scene of the crime.