Home / Volume 6, Issue 5 / Dudh Nath Pandey vs State of Uttar Pradesh Open access · CC BY-NC 4.0
Case Comment Volume 6 Issue 5 10 - 16 September 7, 2024

Dudh Nath Pandey vs State of Uttar Pradesh

Lead author · Corresponding
Dhruv Padmanabha Acharya
B.B.A.LL.B.(Hons.) student in India
Abstract

According to Duhaime's Law, a plea of alibi is a defense used in criminal cases where the accused claims they were somewhere else at the time the crime was committed. The term "alibi" comes from Latin, meaning "elsewhere" or "somewhere else." When an accused person uses this defense, they are asserting their innocence by proving they could not have been at the crime scene because they were in a different location at that time. Generally, the accused is the one who presents the plea of alibi, arguing they were not physically present when the alleged offense occurred. This plea is intended to demonstrate that the accused was elsewhere, making it impossible for them to have committed the crime. In legal terms, facts that are not immediately relevant may become relevant under certain conditions. Specifically, they become relevant if they contradict any fact in issue or relevant fact, or if they make the existence or non-existence of a fact in issue more or less probable. Under Section 103 of the Evidence Act, 1872, the burden of proof for establishing any particular fact lies with the person who wants the court to believe in its existence, unless a law specifies that the proof must be provided by a particular person. For example, if there is a question about whether A committed a crime in Calcutta on a certain day, evidence showing that A was in New Delhi on that day would be relevant.

Type
Case Comment
Information
International Journal of Legal Science and Innovation, Volume 6, Issue 5, Page 10 - 16
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLSI 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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