When plea of alibi can be moved?

Namaskar to all,

facing 498a trial for the last 4 years

chargesheet is filed

cross examination of fake victim is going on

can I file plea of alibi. will it help me in any form ?

please give your valubale suggestions.

thanks

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1 Replies

adv.raghavan (Advocate,9444674980) 20 February 2014

the plea of alibi taken by the accused needs to be considered only when the burden which lies on the prosecution has been discharged satisfactorily. If the prosecution has failed in discharging its burden of proving the commission of crime by the accused beyond any reasonable doubt, it may not be necessary to go into the question whether the accused has succeeded in proving the defence of alibi.