ALIBI

Said witness during cross-examination admitted that he did not produce any evidence before the Investigating of ficer of the case that he had a valid license for driving any vehicle---Said witness candidly admitted that he made improvements in his previous statement while appearing before the Trial Court---Another defence witness claimed that he had taken a meal with the accused only on 14.02.2014 and not on 15.02.2014 as was claimed by the other two defence witnesses---Said witness also admitted that he made improvements in his previous statement while appearing before the Trial Court---Accused failed to prove his plea of alibi in circumstances---Appeal against conviction was dismissed, however, the sentence of death awarded to the accused under S.302(b), P.P.C. was altered to imprisonment for life, in circumstances 2021  YLRN  127     LAHORE-HIGH-COURT-LAHORE

Alibi certificate recoils. Accused after issue of each warrants and proclamation getting certificate of presence in another district from a Government Official and such official certifying accused's presence before him on day of occurrence. Accused's conduct held indicative of his knowledge of his involvement in case and effort to procure evidence of his alibi. (DB) PLD 1975 Pesh. 131 Kafayt Ullah etc.
Plea of alibi. Defence evidence in support of alibi not strong but not challenged by prosecution. Benefit of doubt given to accused. (SC) PLD 1969 SC 293 Usman Khan.
"failure to prove the plea does not recoil to the disadvantage of the accused. Onus always remains on prosecution to prove its case. (SC) 1969 SCMR 584 Illahi Bakhsh.
"not satisfactorily proved by unimpeachable evidence. Investigating Officer placing accused in column No. 2 of challan-sheet. Such fact by itself held, not sufficient to hold defence of alibi substantiated. (DB) 1970 P.Cr.L.J. 500 Muhammad Aslam.
"considered proved as to two of the accused. The evidence of the P. Ws as against other co-accused was not rejected for that reason alone. The two persons established alibi because they remained in police lock-up and were produced before a Magistrate the next day. PLD 1951 Lah. 66 Ghulam Muhammad etc. v. The Crown.
Alibi plea of. The burden of proving the plea is on the person who takes up the plea. (FB) PLD 1964 Pesh. 288 Muhammad Ayub.
Alibi: person raising the plea of alibi must discharge the burden by proving it. 1983 SCMR 697. Khushi Mohammad.
Alibi and burden of proof. The accused is required only to produce evidence to who his presence where he states to be at the time of occurrence to raise reasonable possibility of his presence at that place. Prosecution must prove its case beyond reasonable doubt. PLJ 1982 SC 592 Amin Ullah.
Alibi of one accused proved, affecting other accused as well. In a murder case, one of several accused was proved to be falsely implicated by the eye-witnesses on proof of the plea of alibi put forward by him. Held to believe these eye-witnesses regarding other accused there should be corroborative evidence, otherwise the accused should be acquitted. Rang Ali accused was admitted in Sahiwal Jail at the time of occurrence. Co-accused given benefit of doubt and acquitted (DB) PLD 1958 Lah. 242 Rang Ali etc.
Alibi of some accused proved beyond doubt, other accused cannot be convicted on same evidence unless there is independent corroboration. 1983 SCMR 310. Abdul Majid.
Alibi by outdoor patient ticket suspected. Doctor's register sent for and found discrepant. Sessions judge ordered to take action against the doctor under section 193, P.P.C (SC) 1974 SCMR 282 Faquir Muhammad etc.
Plea of alibi based on ocular evidence, not corroborated by other reliable evidence cannot be taken into consideration while considering bail application. Accused named in FIR and specific role attributed to him, although no recovery was made from the petitioner yet it does not affect the prosecution when prima facie case is made out against the petitioner. Bail application dismissed. PLJ 1997 S.C 42, Muhammad Mansha.
Alibi found to be false is a confirmatory circumstance about the guilt of the accused. (DB) PLJ 1982 Cr. C. (Lh.) 417. Khalid Javed.
False alibi. Setting up a false alibi does not lead to an inference of guilt. (DB) 1971 P.Cr.LJ 944 Muhammad Amir.
Evidence to be scrutinised very carefully for it is very easy to set up alibi and not always easy to prove it, and it must be definitely proved in order to suffice for the rebuttal of a case made out by the prosecution. (SC) PLJ 1976 SC 283. Ameen Ullah.
Failure to produce the evidence of alibi at the earliest opportunity is also a circumstance which may go against the accused. (SC) PLJ 1976 SC 283 Ameen Ullah.
To raise a doubt is enough. Even if the accused, fails to prove the alibi, he is only required to show that the evidence is a reasonable possibility, and the question before the Court is not whether the accused have proved their plea of alibi but only whether they have succeeded in showing that these pleas are reasonable possibilities. If the defence raises a reasonable doubt in the mind of the Court about the guilt of the accused, the result would be that the prosecution failed to prove its case and the consequence would be the acquittal of the accused. (SC) PLJ 1976 SC 283 Ameen Ullah. PLJ 1982 SC 592 Amin Ullah.
Alibi of two accused considered to have been proved ; whether the other accused can also get benefit out of it depends on the facts of each case. (DB) PLD 1951 Lah. 66 Ghulam Muhammad v. Crown.
Alibi and probability. Accused posted 90 miles away from the spot. Improbable for him to return to duty in time from spot. Benefit of doubt given to the accused. PLJ 1982 Cr. C. (Kar) 343 Muhammad Yaqub etc.
Alibi plea abandoned, held no adverse inference can be drawn against the accused (DB) PLJ 1999 Cr.C. (Lah.) 1999 Cr.C. (Lah.) 113, Aamir Iqbal.
Doctor supporting alibi as DW relied upon and accused held, rightly acquitted. (DB) PLJ 1988 Cr. C. (Lah) 296 Muhammad Yaqub.
Bail & Alibi. See bails.