burden to prove alibi is on accused
When an accused pleads alibi, the burden is on him to prove it under Section 103 of the Evidence Act which provides:
"103. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
"103. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
State Of Haryana vs Sher Singh & Ors on 24 February, 1981
Equivalent citations: 1981 AIR 1021, 1981 SCR (3) 1
Bench: Islam, Baharul
1981 SCC (2) 300 1981 SCALE (1)761
ACT:
Code of Criminal Procedure 1973, S. 154, Indian Penal Code 1860, S. 302 and Indian Evidence Act 1872, S. 103-Trial for murder-Accused convicted for murder by Sessions Court- Acquittal by High Court-Interference by Supreme Court- Whether F.I.R. to contain details of the occurrence- Prosecution whether bound to prove motive-Burden of proof
https://www.lawweb.in/2012/05/burden-to-prove-alibi-is-on-accused.html
