A Brief Analysis Of The Plea Of Alibi Used As A Shield Of Defence By Accused
Brief but detailed analysis of the plea of alibi as a shield of defence by the accused,
Brief Analysis of the Plea of Alibi as a Defence
What is a Plea of Alibi?
The plea of alibi is a defence raised by the accused in criminal cases asserting that they were elsewhere at the time the crime was committed and therefore could not have been involved.
Essentially, it is a claim that the accused was not present at the crime scene and, hence, not responsible for the offense.
Importance of Plea of Alibi
It is one of the strongest defences because it negates the possibility of the accused’s involvement.
If successfully proved, it can lead to the acquittal of the accused as it provides clear evidence of innocence.
Burden and Standard of Proof
The burden of proving the alibi lies on the accused, but this burden is lighter compared to the prosecution’s burden of proving guilt beyond reasonable doubt.
The accused must produce credible and reliable evidence to establish the alibi.
Once a credible alibi is established, the prosecution has to disprove it beyond reasonable doubt.
Nature of Evidence for Alibi
The accused may present witnesses, documents, or other proof to show presence at a different place.
The court evaluates the consistency, credibility, and corroboration of the alibi evidence.
The plea must be raised at the earliest stage—delaying or first raising it during trial may negatively affect its credibility.
Case Laws Illustrating the Plea of Alibi
1. R v. Turnbull (1977) 65 Cr App R 74 (UK)
Principle: Courts stressed the importance of evaluating alibi evidence carefully and with caution.
Reason: False alibis are common, and the court must assess the evidence for inherent improbabilities or inconsistencies.
2. Khalid Mujahid v. State of Punjab, AIR 1959 SC 478 (India)
Facts: The accused claimed an alibi of being in a different city.
Held: The Supreme Court emphasized the need for corroboration of the alibi evidence.
Principle: Mere assertion of alibi without reliable corroboration may not be sufficient.
3. Shivaji Sahebrao Bobade v. State of Maharashtra, AIR 1973 SC 185 (India)
Facts: The accused gave an alibi but the prosecution disproved it through witnesses.
Held: The Court held that once the prosecution disproves the alibi beyond reasonable doubt, the accused’s plea fails.
Principle: Alibi must be credible and not disproved by the prosecution evidence.
4. Krishna Ram Mahale v. State of Maharashtra, AIR 2007 SC 1514 (India)
Held: The plea of alibi must be raised at the earliest opportunity and backed by credible evidence.
Principle: Last-minute or weak alibi pleas are generally viewed with suspicion.
Practical Considerations in Plea of Alibi
The accused must present a clear timeline and witnesses who can confirm their whereabouts.
The defence should avoid any contradictions or delays in raising the alibi.
Courts may consider the motive for false alibi while judging credibility.
Conclusion
The plea of alibi is a potent defence but requires the accused to provide credible evidence that they were elsewhere during the crime. The courts place a heavy emphasis on the timing, consistency, and corroboration of such pleas. While it does not shift the burden of proof onto the accused, it imposes a duty on the prosecution to disprove the alibi beyond reasonable doubt once credible evidence is presented.
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