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2 Part 1 Indian J. Integrated Rsch. L. 1 (2022)
Alibi as One of the Best Forms of Evidence to Prove the Innocence of the Accused

handle is hein.journals/injloitd2 and id is 2232 raw text is: 

Indian Journal of Integrated Research in Law


ALIBI AS ONE OF THE BEST FORMS OF EVIDENCE TO

       PROVE THE INNOCENCE OF THE ACCUSED


     Deepti Josephine Arul & Arun Kumar N.R., B.B.A.LL. B(Hons.), School of Excellence in
                   Law, The Tamil Nadu Dr. Ambedkar Law University







                                 ABSTRACT

     When  a person is accused of committing a crime, he can take the plea of alibi
     to show his absence in the crime scene and prove his innocence. Alibi is
     stronger when it is produced in the initial stages itself which does not give
     any room  for doubts. Alibi is to be proved by witnesses or other accurate
     records if there is no standard evidence available to prove the alibi then it
     won't be considered, and this won't reduce the burden of the prosecution.
     Failure to prove alibi won't make the accused guilty of the crime it can't bt
     the sole reason for conviction. The failure to prove or fabrication does have
     an adverse effect on the accused the court now becomes sceptical about the
     accused in the view that he is trying to create evidence because of the
     consciousness of guilty that he committed the crime, and this could be proved
     in the court before which he is trying to prove himself innocent so that he
     would  not be convicted. The court takes this point into consideration it
     becomes  a black mark if there is any other evidence that can corroborate and
     make  this intention of the accused stronger then the accused cannot escape
     from the crime that he is committed provided there is no benefit of doubt left.
     The  prosecution nevertheless must  prove the  accused guilty beyond
     reasonable doubt because the burden of proof lies on the prosecution. Alibi
     is the best evidence to show that the person accused had not participated in
     the crime because in the first place he was not there in that place instead he
     was somewhere  else, if only he was in the crime scene he could be suspected
     if not there is no possibility for him to have committed the offence by
     establishing this fact the alleged accused can be acquitted.


Page: 1


Volume II Issue II ISSN: 2583-0538

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