Facts of the Case

‘A’ is charged with committing an offence at Hyderabad on a particular date. During the trial, ‘A’ claims that on the same day he was physically present in Delhi, far away from the place of occurrence.
He wishes to produce evidence to show:

• He travelled to Delhi,
• He stayed there on the day of the alleged offence,
• He could not have been present at Hyderabad when the crime was committed.

The prosecution argues that his presence at Delhi is irrelevant because the crime took place in Hyderabad. The defence maintains that such evidence is crucial to prove his alibi.

Issues in the Case

1. Whether the fact that ‘A’ was at Delhi on the day of the alleged offence is relevant under the Indian Evidence Act?
2. Whether such evidence can be admitted to prove the impossibility of ‘A’ committing the crime in Hyderabad?
3. Which provision of the Evidence Act governs such a defence (alibi)?
4. What is the legal effect of successfully proving an alibi?

Legal Principles Covered to Support Case Proceeding and Judgements

A. Section 11 of the Indian Evidence Act, 1872

Section 11 states that facts not otherwise relevant become relevant if they are inconsistent with any fact in issue or relevant fact, or if they make the existence or non-existence of any fact in issue highly probable or improbable.

• In this case, the “fact in issue” is whether ‘A’ was present at Hyderabad and committed the crime.
• If ‘A’ was at Delhi, it becomes inconsistent with his presence at the place of occurrence.
• Therefore, ‘A’s presence in Delhi becomes a relevant fact.

This is known as the defence of alibi, meaning “elsewhere”.

B. Nature and Standard of Proof of Alibi

• Alibi is not an exception but a rule of evidence.
• The burden of proving the alibi lies on the accused under Section 103, Evidence Act, as he asserts a fact specially within his knowledge (also Section 106).
• Alibi must be proved with certainty, leaving no reasonable doubt about the accused’s presence at another location.

C. Judicial Precedents

1. Dudh Nath Pandey v. State of U.P. (AIR 1981 SC)
   • Alibi must be strictly proved; if established, the accused must be acquitted.
2. Binay Kumar Singh v. State of Bihar (1997 SC)
   • Alibi is a rule of evidence under Section 11; once proved convincingly, it completely exonerates the accused.
3. Jayantibhai Bhenkarbhai v. State of Gujarat (2002 SC)
   • Evidence of being elsewhere at the time of offence is a relevant fact under Section 11.

Possible Judgement

The court is likely to hold that:

1. Yes, the fact that ‘A’ was in Delhi at the time of the offence is a relevant fact under Section 11 of the Indian Evidence Act, 1872.
2. Such evidence directly contradicts the prosecution’s allegation that ‘A’ was present at Hyderabad and committed the crime.
3. The court will allow ‘A’ to lead evidence such as:
   • Travel tickets, hotel records, CCTV footage,
   • Witness testimony,
   • Mobile location records, etc.
4. If ‘A’ successfully proves his presence in Delhi, the court will hold that:
   • He could not have been present at Hyderabad at the time of the offence,
   • His alibi is established,
   • He is entitled to acquittal.

If he fails to conclusively establish the alibi, the evidence may be disregarded, but it cannot be used to draw any adverse inference unless it is proved false.

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