1.
Introduction
Plea
of alibi is that form of defense through which accused attempts to prove that
he was in some other place at the time when alleged offense was committed. In
fact, criminal’s laws have provided accused different defenses to prove his
innocence against accusation. No-doubt, plea of alibi is one of such defenses.
However, plea of alibi is considered different from all of other such defenses.
2.
Relevant Provisions
Article
24 of Qanun-e-Shahadat Order 1984
3.
Meaning of Plea Alibi
Alibi
is Latin World, which means elsewhere. And plea of alibi means that accused was
physically not present at time of scene of offence because he was present at
another place. In fact, if accused suggests to court that he was some where
else at time of commission of alleged offence, such suggestion is called plea
of alibi.
4.
Definition of Plea Alibi
“The
plea of absence of a person accused from the place of occurrence, at the time
of the commission of the offence is called the plea of Alibi.”
5. Essentials of Plea of Alibi
(a)
Who may taken plea of Alibi
A
person taking Plea of Alibi must be accused of an offence.
(b)
Absence of accused at place where crime was committed
He
must plead his presence elsewhere, at the time of the commission of alleged
offence.
(c)
Covering of Entire time
It
should be impossible for him to reach the place of occurrence at the time of
commission of offence. Therefore plea should be cover the whole time of the
alleged offence.
(d)
Raised at earliest opportunity
The
plea of Alibi must be raised by accused at the earliest possible time.
6. Explanation of Plea of Alibi
Explain
through following points
(a)
Physical impossibility of accused
Plea
of alibi can only be taken when such plea postulates physical impossibility of
accused’s presence at scene of offence due to his presence at some other place.
(b)
Time to raise Plea of Alibi
Plea
of alibi should be raised at the earliest time.
(c)
Evidence to prove Plea of Alibi
Plea
of alibi is considered the weakest type of plea. Therefore, cogent, convincing
and plausible evidence is needed to prove it. It reveals that plea of alibi
should be supported by strong evidence.
(d)
Burden of Proof
Under
Article 119, it is established rule of of evidence that burden of prove plea of
alibi is on the accused which is to be proved in accordance with law, and the
plea fo alibi must be proved with absolute certainty so as to completely
exclude the presence of the person concerned at the time when and the place
where the incident took place.
(e)
Quantum of Proof
The
quantum of proof required to prove a plea of alibi various from case to case.
Sometime the accuse taking plea of alibi need not to strictly prove meaning
thereby more creation of doubt in the mind of court is sufficient. But most
cases the accused has to strictly prove his plea.
(f) Absence and Presence
To
prove his innocence against accusation, accused is required to raise reasonable
question about his absence in place of offence at time of commission of offence
and about his presence in some other place at such time. In this way, he is to raise
reasonable doubt in mind of court about his participation in commission of
offence to get benefit of such doubt against accusation.
(g)
Non access of Husband
Since
legitimacy of a child implies a begetting by the husband. In order to prove
illegitimacy it would be relevant to prove, that the husband had no access to
the wife at the probable time of begetting.
(h)
Consideration of whole Evidence
In
case of plea of alibi, court is considering the whole evidence to make any
conclusion about guilt or innocence of that accused, which makes plea of alibi.
Conclusion
To conclude,
that honorable Apex Courts have explained two important principles about plea
of alibi. Among these principles, one principle is that guilt cannot be
inferred from making of false plea of alibi. And other principle is that
accused cannot take benefit through plea of alibi when reasonable doubt is not
created in mind of court about accused’s participation in commission of
offence.
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