Plea of Alibi [Detailed Note]
Plea of Alibi is a mean of defense of the accused person. Plea of Alibi is a kind of defense which is taken by a person accused. By taking this plea he attempts to prove that he was not on that place at the time when the offense was committed.
Relevant Provision for Plea of Alibi
Article 24 of Qanun-e-Shahadat Order 1984
When facts not otherwise relevant become relevant
Article 24 of QSO is the section for the Facts not otherwise relevant are relevant when
- if they are inconsistent or not compatible with any fact-in-issue or relevant fact or facts.
- if by themselves or in connection with other facts they make the existence or nonexistence of any tacit issue or relevant fact highly probable or improbable.
Examples:
A was accused of committing a crime at Lahore on a certain day. The fact is that, on that day, A was at Peshawar. This fact is now relevant.
Explanation of example:
If murder was committed in Lahore and accused was in Peshawar so he must have to show the proof in respect of the plea of alibi and his innocence to prove that he was not in the city of occurrence of offense and it was impossible to reach there at that time.
Definition
The plea which creates the view of the absence of the accused from the place of occurrence of the offense while the offense was occurring is called the Plea of Alibi.
Essential Elements of Definiton
Followings are the essential of the definition.
- Accused was not there while the offense was committing
For taking this Plea it is necessary that the accused must not be at the place of the occurring offense.
- Who can take the Plea of Alibi
The person accused can take it
- Must be raised at earliest possible time or opportunity
Plea of Alibi must be raised at the earliest possible time or opportunity by the accused person.
Nature
Plea of Alibi as evidence is admissible under article 24 of qanoon-e-Shahadat as it postulates physical impossibility of the presence of accused at the scene of the offense by reason of his presence at another place. It can succeed only if it was shown that the accused was so far away at the relevant time that he could not be present at the place where the crime was committed.
Effects
The benefit can be extended to accused who takes the Plea. Such as, If the charge on the accused is of Qatal 302 and he proves the Plea of Alibi. The court can award bail under sec 497 of CRPC.
Grounds for the cancelation of bail in respect of Plea of Alibi under section 497 of CrPC.
- Exceptionally strong grounds such as abuse/misuse of the c
oncession of bail exist. - Bail can be recalled where the person on bail repeats the offense.
- Hampers the investigation.
- Make some efforts to the tamper with evidence.
- Prosecutes the witnesses.
- Commit an act of violation against police.
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