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Dec 12, 2023 · This article gives an exhaustive overview of the plea of alibi under the Indian Evidence Act of 1872. This article deals with the essentials of the plea of alibi, who can avail it before the Court, the consequences of not proving the plea of alibi before the Court, and its other scopes with relevant case laws.
- Introduction
- Legal Provisions Dealing with Plea of Alibi
- Pappu Tiwary vs State of Jharkhand
- Overview
- Judgement
- Conclusion
- Legal Provisions Involved in The Case
-In the simplest terms, a Plea of Alibi could be understood as a defence in criminal proceedings where an accused tries to establish that he could not have committed the offence as he was elsewhere, and not present at the scene of the crime.
-Section 11 of the Indian Evidence Act 1872 deals with the situation when facts, which are otherwise irrelevant, become relevant due to their contradictory or supportive nature in favour of the accused.
-In the present case, an appeal was filed in the Supreme Court of India against the order of the High Court of Jharkhand which affirmed the sentence of the Trial Court which convicted the appellant under section 302 and section 34 of the IPC and also rejected the plea of alibi of the convict.
-The facts of the matter are such that on 07.03.2000 at around 1:00 P.M. one Vikas Kumar Singh (victim) was going to the gym when 6 people surrounded the victim namely Pappu Tiwari, Sanjay Ram, Uday Pal, Ajay Pal, Pintu Tiwari, and Upendra Tiwari. Pappu Tiwary fired his pistol which caused the victim to fall down on the road and the rest of the 5 p...
-Examining the plea of alibi, the Supreme Court referred to the findings of the Trial Court which noted that the counsel for the appellant failed to produce the x-ray plate or Dr. M.P Singh to support the argument. Moreover, no papers of admission to the hospital were produced..
-Plea of Alibi is one of the most common and the strongest defence in criminal cases. Multiple pronouncements over the years have devised the formula to prevent misuse of such pleas and have therefore concluded that the standard of proof to prove such pleas is very high on the accused.
Indian Penal Code 1908
1. Section 302- Punishment for Murder. 2. Section 34- Acts done by several persons in furtherance of common intention.
Arms Act 1959
1. Section 27- Punishment for using arms.
103. Burden of proof as to any particular fact. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustrations. (a) [] [ [ [Sic.]
(1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations. (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact.
The Indian Evidence Act, 1872 is divided into 3 parts, 11 chapters and comprises of 167 sections. Part-I answers the question ‘what facts may or may not be proved?’ (Ch.I & II – Ss-1 to 55) Part-II deals with
The Indian Evidence Act, 1872. Warning on translation. Get this document in PDF. Print it on a file/printer. [Cites 0, Cited by 66100] Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service).
May 16, 2022 · Scope of Indian Evidence Act, 1872. The Indian Evidence Act of 1872 consolidates, defines, and amends the law of evidence in India. It extends to the whole of India.
