ALIBI

ALIBI
Plea of alibi is that form of defense through which accused attempts to prove that he was in some other place at the time when alleged offense was committed. In fact, criminal laws have provided accused different defenses to prove his innocence against accusation. No-doubt, plea of alibi is one of such defenses. However, plea of alibi is considered different from all of other such defenses.

Alibi is Latin World, which means "elsewhere" and plea of alibi means that accused was physically not present at time of scene of offence because he was present at another place.

“The plea of absence of a person accused from the place of occurrence, at the time of the commission of the offence is called the plea of Alibi.”

Article 24 of QSO 1984 deals with plea of alibi which provides:
"When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant ---

(a) if they are inconsistent with any fact in issue or relevant fact;

(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Illustrations

(a) The question is, whether A committed a crime at Peshawar on a certain day.

The fact that, on that day, A was at Lahore is relevant.

The fact that near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.

(b) The question is, whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C, or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D, is relevant."

Alibi is a plea of defence, (in respect of innocence of accused) by which the accused suggests to the court that he was some where else at the time of commission of alleged offence.

Where an alleged offence has been committed, and the prosecution accuses a person of having committed the same, in such circumstances, it would be a complete answer to the accusation for that person to plead that he was at the time of occurrence else-where.

Alibi as an evidence is admissible under article 24 of qanoon-e-shahadat as it postulates physical impossibility of the presence of accused at scene of the offence by reason of his presence at another place. Plea of Alibi can succeed only if it was shown that accused was so far away at the relevant time that he could not be present at the place where the crime was committed.

Plea of Alibi should be taken by the accused at the earliest and must be supported by strong evidence.

The burden of proving this plea is on accused, and if that person succeeds in establishing that plea, he will be entitled to acquittal.
while claiming plea of alibi it should be impossible for the accused to reach the place of occurrence at the time of commission of offence and plea should cover the whole time of the alleged offence.

Plea of alibi is considered the weakest type of plea. Therefore, cogent, convincing and plausible evidence is needed to prove it. It reveals that plea of alibi should be supported by strong evidence.

The quantum of proof required to prove a plea of alibi various from case to case. Sometime the accuse taking plea of alibi need not to strictly prove meaning thereby more creation of doubt in the mind of court is sufficient. But most cases the accused has to strictly prove his plea.

In case of illegitimacy of a child:
Since legitimacy of a child implies a begetting by the husband. In order to prove illegitimacy it would be relevant to prove, that the husband had no access to the wife at the probable time of begetting.

In case of plea of alibi, court is to consider the whole evidence to make any conclusion about guilt or innocence of that accused, who makes plea of alibi.
Ali and Abdullah Law Inn at Gujranwala and Hafizabad Punjab Pakistan.
03016662931.