Introduction:

The Kerala High Court issues a significant clarification on the plea of alibi, asserting that it can be entertained as a defense only after the prosecution satisfactorily establishes its case. In a case involving allegations of sexual assault, the court emphasizes that the burden of proof in a plea of alibi lies with the accused and can only be raised once the prosecution proves the accused’s presence at the crime scene. The court underscores that a plea of alibi is a defensive tool, not to be used preemptively.

Arguments:

The petitioner, facing charges of sexual assault under IPC and POCSO Act, challenges the proceedings against him and asserts his innocence, presenting passports as evidence of being abroad during the alleged assaults. The court examines the burden of proof in a plea of alibi, highlighting that it can only be entertained post the prosecution’s establishment of the case against the accused. The defense’s reliance on passports and travel documents is scrutinized, emphasizing the need for strict proof.

Court’s Judgement:

The Kerala High Court dismisses the petition, maintaining that the burden on the petitioner, taking the plea of alibi, is heavy. It rules that the defense cannot rely on passports and travel documents at this stage, as the plea of alibi should be presented only after the prosecution satisfies its burden of proof. The court clarifies the nature of alibi under Section 11 of the Evidence Act and grants liberty to the petitioner to raise the defense of alibi at an appropriate stage