ALIBI
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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 fit circumstances, it would be a complete answer to the accusation for that person to plead that he was at the time of occurence 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 at the earliest and must be supported by strond evidence.
The burden of prooving this plea is on accused, and if that person succeeds in establishing that plea, he will be entitled to acquittal.
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RES-GESTAE
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Res-gestae is a latin word, it means the events at issue, or other events contemporaneous with them.
Res-gestae has been broadly defined as matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected therewith as to constitute a part of the transaction and without a knowledge of which the main fact might not be properly understood.
There are many incidents which though not strictly in issue, yet be regarded as forming part of it, in the sense that they closely accompany and explain that fact. these constituent or accompanying incidents are in law said to be admissible as forming part of the Res-gestae or main fact.
The evidence about the fact, which is also connected with the same transaction, cannot be said to be inadmissible or irrelevant. There is no provision of law which lays-down that evidence can be led only in respect of that matter which is the subject-matter of the charge. Facts forming part of the same transaction though not in issue but so cnnected with a fact-in-issue as to form part of the same transaction are relevant.
The rule as to admissibility of evidence as res-gestae, is embodied and illustrated in articles (19), (20), (21), (22) and (27). In other words occasion, cause, effect, motive, preparation, conduct, explanatory or introductory facts, etc, are the various modes in which facts form parts of Res-gestae.
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TAZKIYAH-TUL-SHAHOOD.
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Tazkiyah means the mode of enquiry conducted by the court. In-order to ascertain whether the evidence of the witness is acceptable or not and for the purpose of declaring a witness "adil" (bearing good moral character) .
Tazkiyah-tul-shahood means to conduct an open and confidential inquiry to ascertain whether the witnesses are credible or otherwise.
In-accordance with the injunctions of islam as laid down in the Holy Quran and Sunnah, the court in tazkiya-tul-shahood satisfy itself that the witness is truthful and abstain from major sins or not.
Tazkiyah (purgation) is a piculiarity and a product of islamic procedure. In its scope and extent it is distinguishable from the term cross-examination.
The object of Tazkiyah-tul-shahood is that if a false witness makes a statement , it should be thoroughly investigated so that it may not harm anyone.
Tazkiyah-tul-shahood is compulsory in cases of Hadood and Qisas because doubts cause removal of Hadood/Qisas punishment.
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