Search Results Page
Search Results
1 - 7 of 7 (0.24 seconds)The Code of Criminal Procedure, 1973
Gurcharan Singh And Anr. vs State Of Punjab on 2 November, 1955
22. So far as the legal principle of 'plea of alibi' is concerned, it is
governed by section 11 of the Indian Evidence Act, 1872 and the burden to
prove an alibi is always upon accused who must prove it to the satisfaction
of the court. In case of alibi, the person who takes such plea has to prove his
case beyond all reasonable doubts. (Reference be made to Gurcharan
Singh Vs. State of Punjab AIR 1956 SC 460 & Chandrika Prasad Singh
Vs. State of Bihar AIR 1972 SC 109). Though, burden of proving
commission of offence by accused so as to fasten his liability of guilt
remains upon prosecution and would not be lessened by mere fact that
accused has adopted the defence of alibi. But, once prosecution succeeds
in discharging its burden, then it is incumbent upon accused taking the plea
of alibi to prove it with certainty so as to exclude the possibility of his
presence at the place and time of occurrence.
Section 26 in The Indian Evidence Act, 1872 [Entire Act]
Section 207 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 25 in The Indian Evidence Act, 1872 [Entire Act]
Section 11 in The Indian Evidence Act, 1872 [Entire Act]
1