‘A’is charged for committing murder at Hyderabad on a particular date. ‘A’ contends that he was at Delhi on that particular date. Is it relevant? Discuss the relevant provision of the Evidence Act.

Facts of the Case

‘A’ is charged with committing the offence of murder at Hyderabad on a particular date and time. During the trial, ‘A’ takes a specific defence and contends that he was present at Delhi on the same date, and therefore could not have committed the alleged offence at Hyderabad.

The prosecution challenges this contention and asserts that such a claim is an attempt to escape criminal liability. The Court is called upon to decide whether the fact of A’s presence at Delhi is relevant evidence, and if so, under which provision of the Indian Evidence Act, 1872.

Issues in the Case

1. Whether A’s presence at Delhi on the date of occurrence is relevant to the charge of murder at Hyderabad?
2. Which provision of the Indian Evidence Act governs the admissibility of such evidence?
3. On whom does the burden of proof lie to establish this defence?

Legal Principles Covered to Support Case Proceedings and Judgements

A. Doctrine of Alibi – Section 11, Indian Evidence Act, 1872

The defence taken by A is known as the plea of alibi, which means “elsewhere”.

According to Section 11 of the Indian Evidence Act, 1872, facts are relevant if:

• they are inconsistent with any fact in issue, or
• they make the existence or non-existence of any fact in issue highly probable or improbable.

The presence of A at Delhi is inconsistent with the prosecution allegation that he committed murder at Hyderabad at the same time. Hence, such a fact is relevant under Section 11.

B. Burden of Proof – Section 103

Under Section 103 of the Indian Evidence Act:

The burden of proof as to any particular fact lies on the person who wishes the Court to believe in its existence.

Since A wants the Court to believe that he was at Delhi, the burden of proving the plea of alibi lies on A.

C. Standard of Proof

• The prosecution must first establish the presence of A at the crime scene beyond reasonable doubt.
• The accused has to prove alibi on the standard of preponderance of probabilities, not beyond reasonable doubt.
• If the alibi creates a reasonable doubt, the accused is entitled to benefit.

D. Judicial Precedents

1. Binay Kumar Singh v. State of Bihar (1997)
   • The Supreme Court held that the plea of alibi must be proved with certainty so as to completely exclude the possibility of presence at the crime scene.
2. Dudh Nath Pandey v. State of U.P.
   • Failure of alibi does not strengthen prosecution case, but a proved alibi can demolish it.
3. Gurcharan Singh v. State of Punjab
   • Alibi is a rule of evidence, not a substantive defence.

E. Application to the Present Case

• Evidence such as travel records, witness testimony, hotel bills, CCTV footage etc., showing A’s presence at Delhi are relevant.
• If such evidence is reliable and consistent, it would make A’s presence in Hyderabad improbable.

Possible Judgement

The Court is likely to hold that:

1. A’s contention that he was at Delhi on the date of murder is relevant under Section 11 of the Indian Evidence Act, 1872.
2. The plea taken by A amounts to a valid plea of alibi.
3. The burden of proof lies on A under Section 103 to establish his presence at Delhi.
4. If A successfully proves the alibi, it will dislodge the prosecution case, and he will be entitled to acquittal.
5. If A fails to prove it, the Court will decide the case on the strength of prosecution evidence alone.

Final Conclusion

Yes, the fact that ‘A’ was at Delhi on the date of the alleged offence at Hyderabad is relevant under Section 11 of the Indian Evidence Act, 1872, as it is inconsistent with the fact in issue. However, the burden of proving alibi lies on the accused, and it must be supported by credible evidence.

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