Article 24 of QSO 1984
* A Latin word "alibi" means "elsewhere". In criminal Law, an alibi is a defence weapon of the accused that he was elsewhere when the alleged offence took place and it was quite impossible for him to be there.
Art.24
Facts not otherwise relevant are relevant:
(1) if they are inconsistent with any fact-in-issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact-in-issue or relevant fact highly probable or in probable.
Ilustration (a) states; “The question is, whether A committed a crime at Peshawar on a certain day. The fact that, on that day, A was at Lahore is relevant. The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable though not impossible, that he committed it, is relevant.
Essentials.
* To constitute an alibi ,overwheming evidence must be producd yo prove innocence of the accused.
* Alibi, as defence must be indubitable and up to the reality test believed to be true.
* Plea of alibi is available to the accused only.
* The accused was not present at the place of commission of crime and time of its commission and he could not be responsible for its commission.
*Alibi is the weakest kind of defence.
* It must have logical and credible explanation.
*It should be pladed as soon as possible.
* The burden of proof is on the accused, whilst normally it is the duty of the prosecution to prove the guilt of the accused.
Article 119 of QSO 1984
119. Burden of proof as to particular fact: 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.
Example.
A person is charged with offences under section 265-D of the code of criminal procedure 1898. And under section 265- E(1) the charge is read over to the accused person and he is asked whether he is guilty or he has any defence to make, he may adduce evidence in his defence under section 265-G of the crpc.
When an accused takes any defence under this section the burden of proof shifts from prosecution to accused to prove his innocence beyond the shadow of doub.
