That apart, the law
clearly stipulates how a plea of alibi is to be established. In
this context, we may profitably reproduce a few passages from
Binay Kumar Singh V. State of Bihar (1997) 1 SCC 283
“22. We must bear in mind that an alibi is not an
exception (special or general) envisaged in the
Indian Penal Code or any other law. It is only a rule
of evidence recognised in Section 11 of the Evidence
Act that facts which are inconsistent with the fact
in issue are relevant. Illustration (a) given under the
provision is worth reproducing in this context:
“The question is whether A committed a crime
at Calcutta on a certain date; the fact that on
that date, A was at Lahore is relevant.”
23. The Latin word alibi means “elsewhere” and
that word is used for convenience when an accused
takes recourse to a defence line that when the
occurrence took place he was so far away from the
place of occurrence that it is extremely improbable
that he would have participated in the crime. It is a
basic law that in a criminal case, in which the
accused is alleged to have inflicted physical injury
to another person, the burden is on the prosecution
to prove that the accused was present at the scene
and has participated in the crime. The burden
would not be lessened by the mere fact that the
accused has adopted the defence of alibi. The plea
of the accused in such cases need be considered
only when the burden has been discharged by the
prosecution satisfactorily. But once the prosecution
succeeds in discharging the burden it is 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 at the place of
occurrence. When the presence of the accused at
the scene of occurrence has been established
satisfactorily by the prosecution through reliable
evidence, normally the court would be slow to
believe any counter-evidence to the effect that he
was elsewhere when the occurrence happened. But
if the evidence adduced by the accused is of such a
quality and of such a standard that the court may
entertain some reasonable doubt regarding his
presence at the scene when the occurrence took
place, the accused would, no doubt, be entitled to
the benefit of that reasonable doubt. For that
purpose, it would be a sound proposition to be laid
down that, in such circumstances, the burden on
the accused is rather heavy. It follows, therefore,
that strict proof is required for establishing the plea
of alibi.
[Emphasis supplied]
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2047 OF 2008
Vutukuru Lakshmaiah
Versus
State of Andhra Pradesh .
WITH
CRIMINAL APPEAL NO. 2052 OF 2008
Citation; 2015(2) crimes 349 SC
Dipak Misra, J.
Print Page
clearly stipulates how a plea of alibi is to be established. In
this context, we may profitably reproduce a few passages from
Binay Kumar Singh V. State of Bihar (1997) 1 SCC 283
“22. We must bear in mind that an alibi is not an
exception (special or general) envisaged in the
Indian Penal Code or any other law. It is only a rule
of evidence recognised in Section 11 of the Evidence
Act that facts which are inconsistent with the fact
in issue are relevant. Illustration (a) given under the
provision is worth reproducing in this context:
“The question is whether A committed a crime
at Calcutta on a certain date; the fact that on
that date, A was at Lahore is relevant.”
23. The Latin word alibi means “elsewhere” and
that word is used for convenience when an accused
takes recourse to a defence line that when the
occurrence took place he was so far away from the
place of occurrence that it is extremely improbable
that he would have participated in the crime. It is a
basic law that in a criminal case, in which the
accused is alleged to have inflicted physical injury
to another person, the burden is on the prosecution
to prove that the accused was present at the scene
and has participated in the crime. The burden
would not be lessened by the mere fact that the
accused has adopted the defence of alibi. The plea
of the accused in such cases need be considered
only when the burden has been discharged by the
prosecution satisfactorily. But once the prosecution
succeeds in discharging the burden it is 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 at the place of
occurrence. When the presence of the accused at
the scene of occurrence has been established
satisfactorily by the prosecution through reliable
evidence, normally the court would be slow to
believe any counter-evidence to the effect that he
was elsewhere when the occurrence happened. But
if the evidence adduced by the accused is of such a
quality and of such a standard that the court may
entertain some reasonable doubt regarding his
presence at the scene when the occurrence took
place, the accused would, no doubt, be entitled to
the benefit of that reasonable doubt. For that
purpose, it would be a sound proposition to be laid
down that, in such circumstances, the burden on
the accused is rather heavy. It follows, therefore,
that strict proof is required for establishing the plea
of alibi.
[Emphasis supplied]
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2047 OF 2008
Vutukuru Lakshmaiah
Versus
State of Andhra Pradesh .
WITH
CRIMINAL APPEAL NO. 2052 OF 2008
Citation; 2015(2) crimes 349 SC
Dipak Misra, J.
