Alibi, plea of

Absenting from his place of duty - Accused, a Police-constable, absenting from his place of duty and entry showing his absence from duty on day of occurrence and onward, recorded in daily diary Register of Policelines - Plea of Alibi, held, of no avail,. [1982-Pcrlj-323] Muhammad Sarwar Vs. The State (Lahore)

Alibi and burden of proof - Scope: {1} Accused was required only to produce evidence to show his presence where he stated to be at the time of occurrence to raise reasonable possibility of his presence at that place. {1} Prosecution must prove its case beyond reasonable doubt. {1} Accused was supposed to prove plea of Alibi as when accused took a plea of Alibi he must produce some cogent evidence which could not reasonably be discarded. {1} Burden of proving the plea of Alibi was on the person who would take up that plea. Person raising the plea of Alibi, must, discharge the burden by proving it. [2012-PCrLJ-816] RASHID MINHAS vs. MUHAMMAD FAYYAZ [FSC]

Bail, grant of: Three persons had lost their lives in the occurrence. Accused alongwith co-accused had been assigned a specific role in the commission of offence and the accused could not establish their plea of Alibi. {1} Even otherwise the plea of Alibi was the weakest type of plea and could not be given any weight unless the same stood proved from cogent, convincing and plausible evidence which was lacking in the case. Bail dismissed. [2002-Ylr-137] Muhammad Shafique Vs. The State (Lahore)

Benefit of doubt - Evidence in support of plea not strong but not challenged - Benefit of doubt to be given to accused. [PLD-1971-Karachi-Sindh-156]

Duty of Accused: {1} Accused after taking defence of Alibi had to produce some evidence to show that it was reasonably possible. Burden to call witnesses in support of plea of Alibi was on accused. Burden of proving its case beyond any reasonable doubt, no doubt, was always on prosecution and failure of accused to prove his plea of Alibi would not, necessarily, lead to inference of his guilt, but a distinction could be drawn in a case in which plea of Alibi was raised, but no evidence produced and in a case in which evidence in support of plea was produced but not found to be reliable or satisfactory. In former case, it could be said that after having raised plea of Alibi, accused abandoned same, but in latter case he attempted to prove that. No adverse inference could be drawn against an accused in former case but in latter case if it was found that accused had attempted to fabricate evidence and bring forward false witnesses, then it could give rise an inference against him. [Pld-1999. Lahore-262] Aamir Iqba Vs. The State (Lahore)

Establishment for Plea of Alibi: {1} To establish plea of Alibi, it must be proved that at time the crime was committed, accused was at some other place and could not have committed the offence. [1999-PCRLJ-335] STATE vs. MUHAMMAD ASLAM (Peshawar)

Evidence - Alibi plea considered Proved as to two of the accused - Whether evidence of eye-witnesses could on that account alone be rejected also against the others. [Pld-1951-Lahore-66] Ghulam Muhammad Vs. Crown (Lahore)

Evidentiary value: Setting up of even a false Alibi cannot lead to inference of guilt. [1971-PCRLJ-944] MUHAMMAD AMIR vs. THE STATE [Karachi-Sindh]

Forms and ingredients: Forms of Alibi are: {1} To make an excuse for oneself; to make an excuse for (another). {1} Alibi, had two basic ingredients; a defence by an accused person that he was elsewhere at the time the crime in question was committed; and the evidence given to prove that. {1} Alibi, was a plea of defence and its reasonable evidence, both. {1} Alibi was a form of defence, whereby a defendant attempted through reasonable evidence to prove that he was elsewhere when the crime in question was committed. {1} Fact of an accused having been elsewhere, when the crime in question was committed had to be proved in reasonable legal terms. {1} In legal usage and paralance it would offer an explanation to avoid blame or justify action; as an excuse and was not merely personal excuse, but entailed reasonable satisfactory evidence. [2012-Pcrlj-816] Rashid Minhas Vs. Muhammad Fayyaz [Fsc]

No corroboration - Evaluation of Alibi: Evidence of Alibi comprising statement of a single witness which too finding no corroboration from any other piece of evidence, held, of no consequence. [1984-PCRLJ-2105] EJAZ ALIAS JAJJA vs. STATE (Lahore)

None Producing: Contention that appellant was present in a village, at night of occurrence, 22 miles from place of occurrence and implicated falsely - Investigating Officer giving concession of examining of certain persons of village - Appellant producing none in support of his plea - Plea, held, had no force. [1983-Pcrlj-2276] Yaqoob Vs. State (Lahore)

Proof of Alibi, plea of: Such plea being a distinct plea would require to be substantiated by accused by adducing cogent and concrete evidence. [2011-SCMR-1354] HAYATULLAH KHAN vs. MUHAMMAD KHAN [SC]

Witness introducing document in evidence to substantiate plea of Alibi - Burden of proof - Scope: Onus would shift on the prosecution to disprove such a document. [2013-Scmr-106] Mehboob Ur Rehman Vs. State [Sc]