Randhir Singh Redhu And Others v. State Of Haryana And Another


  

 
  
 
     !""#$%&'&



           

        



 (
 )*+& , +, ++ * ****  

 

     



 ,-$".#/"0!12 & !"# $ 

%&'( () 

+   ,    -. /0001   020"'0''

 "%34"%542'24%1'4106.(



) 

 "0 7

 ))  

"32!'#( ( "006'0''!

"0#    /2 %   

 "32!&#   0%"0'0'' !

 ""#     /"  ' )  8 

)  

 

   !'# :

     )   *  -. 8 )

 *    /' ))

       *   )   )7

.

 8

     ))

  )

   ) !

 ;"'#  )) !

 ;"0  ;""# 8 8   

 )

*  /' *   

 )      

    )*)    )       *   

* ) ))



- 2 - !2# .

   *    < )    /=(( 

 ;&5 7

        ) )      / '

 

  

))

)        )

  /'

   8  

          )  



*

-.  *





8

)   *  /'   ))     !%# .   )  )8  8       )  
   *   ! 

#  

) )* ,

 8  *   

 )>

"02 ?   *     8   )*

"02 ?    ; 

   
 
 

 
   


    



     

 

   

 
 



 
 
 
  




  

!1# $  + *  *  *) ) )*  *  ), ) 

8   )*  *)    )*) 

   )

 *  (    ) 

.     

 8 )        ;

9    8  

      8  $    ) )* *    (    

  

%&'( (

- 3 - !6# "1$

  %&'   ) 

  

  

(   @   %&'  8          )   $ 8  *(    

$    )

   * *)  )  *  +            @     %&'( (*( 
 (   

8     ,

 >  ) 

            

    )  

 

   *    )  8

          !3# $



 (  
          

! ! "#$8)

)   ) @

%
 

 %&$##'

$ "  ))    ) 

  )*$ 

 ; "23. The Latin word alibi means "elsewhere" and that word is used for convenience when an accused takes recourse to a defence line that when the occurrence took place he was so far away from the place of occurrence that it is extremely improbable that he would have participated in the crime." 19. The principles regarding the plea of alibi, as can be appreciated from the various decisions7 of this Court, are:

19.1 It is not part of the General Exceptions under the IPC and is instead a rule of evidence under Section 11 of the Indian Evidence Act, 1872. 19.2 This plea being taken does not lessen the burden of the prosecution to prove that the accused was present at the scene of the crime and had participated therein.

19.3 Such plea is only to be considered subsequent to the prosecution having discharged, satisfactorily, its burden.

- 4 - 19.4 The burden to establish the plea is on the person taking such a plea. The same must be achieved by leading cogent and satisfactory evidence. 19.5 It is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the spot of the crime. In other words, a standard of 'strict scrutiny' is required when such a plea is taken.

!&# . 8 *   (  

         

 (  

, 

8     !5# A   !"0# .  8   8 )* )*           *        )    * )* !""# -

   *    *  (    ) ))       *   )   %&'& )

,-$".#/"0!1

/"0

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No