Plea of Alibi is the defense taken by the accused. The word 'alibi ' is of Latin origin and means “elsewhere” . It means that he was physically not present at the time of offence by reason of his presence at another place. The burden of proving alibi is on accused. The accused must be so far away at the relevant time that he could not be away at the place where the crime was committed.
TAKE ON PLEA OF ALIBI IN DARSHAN SINGH V. STATE OF PUNJAB
FACTS IN BRIEF: There was dispute between complainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields. On account of this, earlier there had been incidents of assaulting each other. Additional Sessions Judge framed charge against all the accused relating to offences punishable under various sections of IPC to which accused pleaded not guilty and claimed to be tried. The trial court after hearing the parties found that charge as against some of the accused is not proved and, as such, they were acquitted and sentenced some of the accused who were convicted for murder under s 302 of IPC.
ORDER OF THE HIGH COURT: Convicts challenged their conviction before the High Court, and by the impugned order the High Court allowed appeal of all the accused except one. State’s appeal was also allowed and the accused was convicted under s 302 of IPC. Being aggrieved by this order the accused filed an appeal before the Supreme Court. Appellant Darshan Singh took the specific plea