CONCEPT OF ALIBI

                                                Doctrine of “ALIBI”

An Alibi is a legal maxim for a claim of a piece of evidence that one was elsewhere when an alleged act took place. An Alibi is an excuse. It is a defense in a criminal prosecution.

§  If a person is successful in establishing a plea of alibi, he will be entitled to an acquittal.

§  According to Section 103 of Indian Evidence Act, 1872, the burden of proof lies on him and not on the prosecution.

§  Proof of alibi should be set up at the earliest stage of proceedings. Failure to do so would made it unconvincing. However, the Court must give the accused to avail the defense and prove his alibi to its satisfaction.

§  An uncorroborated evidence of alibi cannot be given importance/weight.

§  Public documents generally come to the help of defense in setting up the alibi

Surinder Grover vs  State, 1993 CrLJ 2618: A proof that the accused was in the outpatient ward of a hospital is not enough because there must be sufficient corroborative evidence and documentary evidence to the satisfaction of the court.

•Burden to prove plea of alibi is on the accused which is to be proved in accordance with law. [PLD 2001 Kar 279]

•Statement u/s. 161 in support of plea of alibi would not be relevant and admissible for inferring innocence of accused. [NLR 2001 Cr. (S.C.) 380]

•Plea of alibi is the weakest type of plea and cannot be given any weight unless same is proved from very cogent, convincing and plausible evidence. [2002 YLR 137]

•Setting up a false plea of alibi does not lead to an inference of guilt but at the same time it can be a confirmatory circumstances to prove the guilt. [2002 YLR 804].

•Plea of alibi cannot be given preference over record made available which prima facie suggest involvement of the accused in the commission of offence.

Sarmad Mehmood Ahmad Versus State  2011 YLR 439  Lahore High Court, Lahore

•Presence of accused with the deceased at the place of occurrence was established---Accused tried to destroy the evidence of the case by raising false plea of alibi through concocted and tampered entry in the register of the Hotel wherein he claimed to have stayed on the date of occurrence---Conduct of the accused remained dubious; instead of registering the F.I.R., he fled the scene and tried to create false story of alibi which suggested his involvement in the case.