At another place, elsewhere.
The plea of alibi is a mode of defence under which a person on trial for a crime proves or attempts to prove being in another place when the alleged act was committed. Generally, Alibi is an excuse which is taking by the person who used to avoid responsibility or blame. Section 11 of Indian Evidence Act,1872 deals with the same. This section enables a person charged with a crime to take what is commonly called the plea of alibi which means his presence elsewhere at the time of the crime.
A person is charged with murder which took place at Calcutta, he take the defence that on that day in question he was in Bombay. In order to prove his presence in Bombay he may show his attendance at some place (i.e., he must show the presence of Alibi).
State of U.P. v. Sughar Singh , AIR 1978 SC 191
In this case court held that it is well settled that the burden of substantiating the plea of alibi and making it reasonably probable lies on the person who sets it up.
Mukesh v. State of N.C.T. of Delhi, AIR 2017 SC 2161
The plea taken by an accused person was that he was attending a musical programme at a park with his family at that time of the incident. The plea of alibi contradicted the evidence of injured informant, dying declaration of the victim, DNA analysis and finger print analysis. Evidence of authorities of the park revealed that no permission was granted by any authority for a musical programme and no such was held on the date of the incident. The plea of alibi was held to be rightly rejected.
Govinda v. State of M.P., (2005) 12 S.C.C. 267
In this case court held the fact that the accused advanced a false plea of alibi cannot itself be a proof of the fact that he was responsible for the offence.
Edited by Sree Ramya
Approved & Published – Sakshi Raje