Plea of Alibi

 

Statue

1. S103 of Indian Evidence Act - Burden of Proof as to any particular fact lies on that person who wishes court to believe in its existence, UNLESS it is proved by any law that the proof of that fact lies on any particular person
2. Illustration - 
1. A prosecutes B for theft, and wishes the court to believe that B admitted the theft to C. A must prove the admission.
1. "B wishes the Court to believe that at the time in question, he was elsewhere. He must prove it"
3. 
   

Important Points

1. Burden to prove the pleas of alibi lay upon the accused which he could do by leading evidence in the trail and not by filing some affidavits or statements recorded in 161 CrPC.
2. Prosecution would have opportunity to cross examine those(alibi) witness and demonstrate that their testimony was not correct.

Case Laws

1. Gurcharan Singh Vs State of Punjab AIR 1956 SC 460
2. Chandriak Prasad Singh Vs State of Bihar AIR 1972 SC 109
3. State of Haryana Vs Sher Singh AIR 1981 SC 1021