The petitioner has raised a plea of alibi contending that at the time of the incident he was not present at the spot and was present in his office. In this regard he has placed reliance on his Biometric Attendance Record. No doubt, the Biometric Attendance Record shows that the petitioner left his office at 5:02 p.m. but this in itself is not a ground for discharge of the petitioner as there is an injured eye witness who has assigned specific role to him. During the course of the arguments, the Ld. APP has also argued that at this stage, one cannot ignore the fact that the petitioner could have left his office and then again came back to his office and in order to create alibi marked his biometric attendance subsequently. In my opinion, this fact needs evidence and at this stage, no finding accepting the plea of alibi can be given in favour of the petitioner as the onus to prove the alibi is upon him which he will have to prove during the trial.
IN THE HIGH COURT OF DELHI
Crl. Rev. P. 801/2019 and Crl. M.A. 32563/2019
Decided On: 27.05.2020
Rajinder Vs. State and Ors.
Hon'ble Judges/Coram:
Rajnish Bhatnagar, J.
